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Madras High CourtSA(MD)/371/2009dismissed for default

Sulthania Minority Educational v. P.K.S.Ahamed Meeran Mohideen

2025-06-26Honourable Mr Justice A.D.Jagadish Chandira4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Sulthania Minority Educational Trust, Through its Trustees 1.K.Faritha 2.Sulaika Rani 3.P.K.S.Sultan Alavudeen (died) (3rd appellant /one of the trustees died vide Court order dated 9.7.2024) ... Appellants/Respondents/Plaintiffs Vs.

P.K.S.Ahamed Meeran Mohideen

...Respondent/Appellant/ Defendant

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code praying this Court to set aside the judgment and decree made in A.S. No.272 of 2005, dated 27.04.2009, on the file of the Additional Subordinate Court, Tirunelveli, reversing the judgement and decree made in O.S.No.578 of 1997, dated 20.01.2004, on the file of the Principal District Munsif Court, Tirunelveli.

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For Appellants : No Appearance For Respondent : No Appearance

JUDGMENT

There is no representation for both sides. It had been reported that the sole respondent died on 19.06.2024 and a memo had also been filed by the learned counsel for the respondent on 15.07.2024 by giving details of the legal heirs of the sole respondent and this Court by order dated 05.08.2024 had directed the appellants to take steps. Despite taking time from 05.08.2024, no steps have been taken to implead the legal representatives of the sole respondent.

2. In view of the above, the Second Appeal is dismissed for default. No costs.

26.06.2025 Index : Yes/No Internet: Yes/No rm 2/4

To 1.The Additional Subordinate Court, Tirunelveli, 2.The Principal District Munsif Court, Tirunelveli.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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A.D.JAGADISH CHANDIRA,J., rm Judgment made in 26.06.2025 4/4