Madras High CourtSA(MD)/950/2008dismissed as abated

Ojirammal Beevi v. S.S.Syed Beebi

2021-07-27Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2008 Ojirammal Beevi ... Appellant/Appellant Plaintiff Vs.

1.S.S.Syed Beebi 2.Ameena Beebi 3.S.S.Aayisha Beebi 4.The Branch Manager, The Tamil Nadu Mercantile Bank, Palani Branch, Baikadai Chandhu, Gandhi Road, Palani Town, Dindigul District.

5.Shanmuganathan 6.The Branch Manager, The Tamil Nadu Mercantile Bank, Mettupalayam Branch, Old Survey No.900/8, Ooty Main Road, Mettupalayam.

7.The Managing Partner, M/s.Rajendra and Co., Old Survey No.900/9, Ooty Main Road, Mettupalayam.

8.Hotel Thriveni, Old Survey No.900/8, Ooty Main Road, Mettupalayam.

9.M/s.Katthun Agency, Rep. by its Owner, 74-G, Sathimai Road, Chirumugai, Coimbatore District.

10.A.Asaraff Ali 11.A.Asif Abuthakir (Minor) 1/3

12.A.Syed Askhar Asan (Minor) 13.A.Mohammed Asarath Ali (Minor) (R11 to R13 are minors rep. by its Father R10 Asraff Ali) 14.A.Ubayathullah 15.Maimunisha Beebi @ Fathima Beebi (Minor) 16.Shaibulla (Minor) ... Respondents (R15 & R16 are minors rep. by its Father R14 A.Ubayathullah) Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree in A.S.No.36 of 2003 dated 06.04.2006 passed by the Additional District and Sessions Judge Cum Fast Track Court, Dindigul confirming the judgment and decree in O.S.No.101 of 1999 dated 29.11.2002, on the file of the Sub Court, Palani.

For Appellant : Mr.K.P.Narayanakumar For Respondents : Mr.P.Srinivas for R1 to R3 No appearance for R4 to R6 JUDGEMENT The sole appellant passed away in the year 2016. Though the learned counsel appearing for the appellant endeavoured to contact the legal heirs of the deceased sole respondent, they have not come forward to bring themselves on record to prosecute the second appeal. Therefore, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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.

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To:

1.The Additional District and Sessions Judge Cum Fast Track Court, Dindigul.

2.The Subordinate Court, Palani.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.K.P.NARAYAKUMAR, Advocate ( SR-24260[F] dated 29/07/2021 ) 27.07.2021 CN(09.08.2021) 3P 6C 3/3