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Madras High CourtCMP(MD)/10341/2017withdrawn dismissed

Makmutha Beevi v. Mohamed Meeran(Died)

2018-06-18Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.10341 of 2017 IN AS(MD) No.SR32381 of 2017 MAKMUTHA BEEVI ... PETITIONER / APPELLANT / 1st DEFENDANT Vs MOHAMED MEERAN(DIED) 1st PLAINTIFF 1.ISMAIL MEERAN ... 1st RESPONDENT / 1st RESPONDENT / 2nd PLAINTIFF KHADER MOHAIDEEN(DIED)3rd PLAINTIFF 2 MASOODU AVULIYA ...2nd RESPONDENT/2nd RESPONDENT / 4th PLAINTIFF MOHAMED ISMAIL(DIED) 5th PLAINTIFF 3 KANI ... 3rd RESPONDENT/3rd RESPONDENT / 6th PLAINTIFF 4 RAHAMATHULLA ... 4th RESPONDENT /4th RESPONDENT 7th PLAINTIFF 5 SAHUL HAMEED ... 5th RESPONDENT /5th RESPONDENT 8th PLAINTIFF S/O MOHAMED MEERAN ROWTHER 6 MAJEETHA BEGAM ...

6th RESPONDENT /6th RESPONDENT 9th PLAINTIFF 7 AYISHA BANU ... 7th RESPONDENT /7th RESPONDENT 10th PLAINTIFF SYED USAMI(DIED)(11th PLAINTIFF) 8 SAIYADU MAJEETHA ... 8th RESPONDENT /8th RESPONDENT 12th PLAINTIFF SINTHAL BEEVE(DIED)(2nd DEFENDANT) 9 MAKMUTHAL BEEVI ... 9th RESPONDENT /9th RESPONDENT 3rd DEFENDANT ABDUL RAHIM (DIED) (4th DEFENDANT ) 10 KHADER MYDEEN ... 10th RESPONDENT /10th RESPONDENT 5th DEFENDANT 11 MOHAMED SYED MASOOD ...

12 LIYAGATH ALI ... 12th RESPONDENT /12th RESPONDENT 7th DEFENDANT 13 MUMTAJ BEGAM ... 13th RESPONDENT /13th RESPONDENT 8th DEFENDANT 14 A.FATHIMA ... 14th RESPONDENT /14th RESPONDENT 9th DEFENDANT 15 MASOOD BEEVI ... 15th RESPONDENT /15th RESPONDENT 10th DEFENDANT 16 A.RUKKAIA BEEVI ... 16th RESPONDENT /16th RESPONDENT 11th DEFENDANT 17 S.JAMEELA BEGAM ... 17th RESPONDENT /17th RESPONDENT 12th DEFENDANT 18 MARIYAM KHADER ... 18th RESPONDENT /18th RESPONDENT 13th DEFENDANT 19 M.SAHUL HAMEED ... 19th RESPONDENT /19th RESPONDENT 14th DEFENDANT S/O.MOHAMED ISMAIL 20 MOHAMED HUSSAIN ... 20th RESPONDENT /20th RESPONDENT 15th DEFENDANT 21 AHAMED MAIDEEN ...

21st RESPONDENT / 21st RESPONDENT 16th DEFENDANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to accept the above documents 1 to 23 mentioned in Para 17 in this affidavit which were not filed in the Trial Court. PRAYER IN AS(MD) No.SR32381 of 2017:- to allow this appeal by setting aside the Preliminary Decree and Judgment passed by the IV Additional District Court, Tirunelveli in O.S.No.54/2004, dated 29.09.2016 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR D.

GANDHIRAJ, Advocate for the petitioner and the court made the following order:- The learned counsel for the petitioner, seeks permission of this Court to withdraw this Miscellaneous Petition with liberty to file the same, at an appropriate time.

In view of the above, this petition is dismissed as withdrawn with liberty as sought.

sd/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO THE IV ADDITIONAL DISTRICT JUDGE, TIRUNELVELI NB JAM/22/06/2018/ CM-VR /VK / 2p-2c

ORDER

IN CMP(MD) No.10341 of 2017 IN AS(MD) No.SR32381 of 2017 Date :18/06/2018