Madras High CourtAS(MD)/43/2005dismissed for nonprosecution

Thajudeen v. Mohammed Farooq

2022-08-17Honourable Mr Justice P. Velmurugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)Nos.43 and 44 of 2005 and M.P(MD)Nos.1,1,2,2 and 3 of 2013 and C.M.P(MD)No.3526 of 2005 A.S(MD)No.43 of 2005 1.Thajudeen(died) 2.T.Zaveed 3.M.Vajiya 4.Shakila (Appellants 2 to 4 are brought on record as legal representatives of the deceased first appellant as per order of this Court made in M.P(MD)Nos.2 and 2 of 2009 in A.S(MD)No.43 and 44 of 2005, dated 9.12.2009) :Ist Defendant/ /Appellants .vs.

1.Mohammed Farooq 2.Mohammed Samsudeen 3.Dilsha Beevi 4.Inoon Jaria 5.Fathimunnisa 1/5

6.Habib Rahman :Defendants 2 to 6/Respondents A.S(MD)No.44 of 2005 1.Thajudeen(died) 2.T.Zaveed 3.M.Vajiya 4.Shakila (Appellants 2 to 4 are brought on record as legal representatives of the deceased first appellant as per order of this Court made in M.P(MD)Nos.2 and 2 of 2009 in A.S(MD)No.43 and 44 of 2005, dated 9.12.2009) :Plaintiffs /Appellants .vs.

1.Mohammed Samsudeen 2.Mohammed Farooq 3.Dilsha Beevi 4.Inoon Jaria 5.Fathimunnisa 6.Habib Rahman :Defendants /Respondents COMMON PRAYER: First Appeals filed under Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No. 49 of 2004, dated 2.12.2004, on the file of Additional District Judgecum-Fast Track Court No.I, Thanjavur. For Appellants :No appearance 2/5

For Respondents :No appearance COMMON JUDGMENT **************** The appeal suits are of the year 2005. In the earlier hearing date, ie., on 11.08.2022,learned counsel for the appellants filed memos stating that he has ''no instructions'' from his clients/appellants. Hence the vakalath of the learned counsel for the appellants is cancelled and the Registry is directed to remove the name of the learned counsel for the appellants from the cause-list and to print the name of the appellants in the cause-list. Today, the name of the appellants is printed in the cause-list,however, none appears on behalf of them either in person or through counsel. This shows that the appellants are not interested in prosecuting the appeal suits. Hence this Court has no other option except to dismiss the appeal suits for non-prosecution.Therefore the Appeal Suits are dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

17.08.2022 Index:Yes/No Internet:Yes/No vsn 3/5

To 1.The Additional District Judge-cum-Fast Track Court No.I, Thanjavur.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

4/5

P.VELMURUGAN.,J.

vsn COMMON JUDGMENT MADE IN A.S(MD)Nos.43 and 44 of 2005 and M.P(MD)Nos.1,1,2,2 and 3 of 2013 and C.M.P(MD)No.3526 of 2005 17.08.2022 5/5