Shiek Moideen @ Ajji Saheb v. Natarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(MD)Nos.1009 to 1012 of 2007 and C.M.P(MD)Nos.4021 to 4023 of 2018 Sheik Moideen @ Ajji Saheb(Died) formerly by Power Agent S.Kadar Basha legal heirs of the deceased appellants in S.R.No.1280, dated, 13.08.2004 in A.S.No.41 of 2002. C.R.P(MD)No.1010 of 2007:

Sheik Moideen @ Ajji Saheb(Died) formerly by Power Agent S.Kadar Basha 1/4

in S.R.No.1279, dated, 13.08.2004 in A.S.No.41 of 2002. C.R.P(MD)No.1011 of 2007:

Sheik Moideen @ Ajji Saheb(Died) formerly by Power Agent S.Kadar Basha in I.A.No.38 of 2005 in A.S.No.41 of 2002.

C.R.P(MD)No.1012 of 2007:

Sheik Moideen @ Ajji Saheb(Died) formerly by Power Agent S.Kadar Basha 2/4

in S.R.No.1282, in A.S.No.41 of 2002.

For Petitioners : Mr.K.Govindarajan(In all cases) For Respondents : Mr.I.Vadivelan for R11,R12,R14(In all cases) No appearance for R5,R8,R9 and R13(In all cases)

ORDER

The present revision petitions have been filed challenging an order, refusing to condone the delay in setting aside the abatement caused by the death of the sole appellant, to set aside the abatement and to bring on record the legal heirs of the deceased sole appellant in the first appeal.

2. The petitioners have also filed an application seeking a consequential amendment of the cause title to implead the legal heirs of the sole appellant in the first appeal. The said applications have been dismissed by the trial Court. Challenging the same, the present revision petitions have been filed by the appellants in A.S.No.41 of 2002 on the file of the Sub-Court, Trichy. Pending revision, the petition against respondents 2 to 4,6,7 and 10 in the revisions have been dismissed for non payment of batta. The 13th respondent has also not been served. The respondents against whom, the revision has been dismissed are the respondents in the first appeal and the defendants in the suit, in whose favour, the decree has been passed. The unserved respondents are necessary 3/4

parties, steps have not been taken for the past ten years. Hence, nothing survives in these petitions. All these Civil Revision Petitions stand dismissed. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) gbg Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The II Additional Subordinate Judge's Court, Trichy.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.SARVABHAUMAN ASSOCIATES, Advocate ( SR-17313[F] dated 07/04/2022 ) C.R.P(MD)Nos.1009 to 1012 of 2007 06.04.2022 RD(04.05.2022) 4P 5C 4/4