S.N.M. Noohu Haji(Died) v. Mohideen Buhari Fathima(Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09.04.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA 1.S.N.M.Noohu Haji (died) 2.Kabeer Haji (died) 3.Syed Ahamed Fathima 4.Noorul Ayne 5.Mohamed Ali 6.S.M.K.Sheik Noordeen 7.Muthu Fathima 8.Syed Ahamed Fathima 9.Halima Beevi 10.Muthy Aysha Beevi 11.S.A.H.Rabia 12.Kathjathul Kubra 1/6
13.Multhazeem 14.S.A.C.Sheik Noorudeen (died) 15.Iliyas Nowfar 16.M.A.C.Mohamed Ali 17.M.A.Mukaramma 18.M.A.Muthu Mohideen Fathima 19.M.A.Syed Fathima 20.B.S.Ojeedha Beevi 21.M.N.Syed Ahamed Fathima 22.M.N.Sheik Noordin 23.M.N.Amminathil Suhariya 24.M.N.Sowdha Begum 25.Abubakkar 26.Sheik Abdul Cader Hamthoom 27.Mohammed Ismail Buhari 28.Fathima Razeena 29.Ahamed Fathima 30.Sultan Abdul Kader 31.Muthu Ahamed Fathima ... Appellants 2/6
(Appellants 30 & 31 / LRs of the deceased 14th appellant are suo motu impleaded as per order of this Court dated 07.04.2025 made in C.M.P.(MD)No.6604 of 2023 in A.S.(MD)No.8 of 2012 by GRSJ & MJRJ) Vs.
Mohideen Buhari Fathimal (died) ... Respondent / Plaintiff 2.Syed Ahamed 3.Hussain Noorudeen 4.Mohamed Sarjoon 5.Muthu Aminath Fathima ... Respondents (Respondents 2 to 5 are brought on record as LRs of the deceased sole respondent vide order dated 07.04.2025 made in C.M.P.(MD)Nos.6604 of 2023 in A.S.(MD)No.8 of 2012 by GRSJ & MJRJ) PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code praying this Court to set aside the Judgment and decree of the learned Additional District Judge / Fast Track Court No.1, Tuticorin, dated 10.12.2010 made in O.S.No.11 of 2006 and allow this appeal. For Appellants : Mr.I.Abdul Basith & Mr.A.Sheik Nasurdeen 3/6
For Respondents : Mr.M.Mohamed Ibram Saibu
JUDGMENT
(By G.R.SWAMINATHAN, J.) The appellants herein challenged the preliminary decree dated 10.12.2010 made in O.S.No.11 of 2006 on the file of the Additional District Judge / FTC, Thoothukudi.
2. Both the appellants as well as the respondents are present either in person or through VC mode before us. The compromise memo dated 28.12.2025 signed by the parties as well as the counsel has been produced before us.
3. The respondents appeared before us through Zoom. We had interaction with them. We posed a specific question to them if they are giving up their rights under the impugned preliminary decree. Answer is in the affirmative and they confirmed that they had voluntarily executed the joint memo of compromise. The respondents in this appeal have agreed to give up the benefits flowing to them under the impugned preliminary decree.
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4. The impugned preliminary decree passed by the Court below is set aside. This Appeal Suit is allowed in terms of the compromise memo dated 28.12.2025. The compromise memo shall form part and parcel of the decree.
(G.R.S., J.) (R.P., J.) 09.04.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To The Additional District Judge / Fast Track Court No.1, Tuticorin. 5/6
G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
rmi 09.04.2026 6/6