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Madras High CourtSA(MD)/493/2013dismissed for not pressed

Amanullah (Died) v. R.M.Subramanian (Died)

2022-12-01Honourable Mr Justice N. Seshasayee7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022 CORAM : JUSTICE N.SESHASAYEE S.A(MD).No.493 of 2013 and C.R.P(MD).No.1470 of 2013 and M.P(MD).Nos.1 and 1 of 2013 C.M.P(MD).Nos.7083 to 7088 of 2022 S.A(MD).No.493 of 2013 Amanullah (Died) ...Appellant/Appellant/3rd Defendant 2.Beevi Fathima 3.Mubeen 4.Mohamed Sahadik Rahman 5.Ahamed Rasmi 6.Afsal Ahamed ....LR's of the deceased sole appellant [Appellants 2 to 6 are brought on record as LR's of the deceased sole appellant vide order dated 15.12.2021 made in C.M.P(MD).Nos.4054 and 4058 of 2021 in S.A(MD).No.493 of 2013] Vs R.M.Subramanian (Died) 1.N.A.V.Alagappan 2.A.L.Uma 3.A.L.Valliammai 4.A.L.Alagammai 5.A.L.Nachalakshmi 6.M.Mohamed Yusuff (Died) 7.Hussain Banu (Died) 8.Mustaffa 9.Abdullah

10.Pavusia 11.Alima Beevi 12.S.P.Alagammal 13.S.P.Meyyappan 14.S.P.Ramanathan 15.A.R.Meenachi ....Respondents 1 to 15/Respondents 1 to 15/ Plaintiffs, Defendants 1, 2 and 4 to 7 and LR's of R.M.Subramanian 16.Saliah Beevi 17.Abbas 18.Mahmootha 19.Raja Mohammed 20.Mohammed Sulthan 21.Ameenammal

22. Saira Banu 23.Rahmathualla ...LR's of the deceased 6th respondent 24.S.Abdul Raheem 25.Minor Sheik Abdullah 26.Minor Syed Ali Fathima (Respondents 25 and 26 being minors, are represented through their father and natural guardian, the 24th respondent herein) 27.Sabeena .....LR's of the deceased 7th respondent [Respondents 16 to 23 are brought on record as LR's of the deceased 6th respondent vide order dated 15.12.2021 made in C.M.P(MD).Nos.4032, 4034 and 4052 of 2021 in S.A(MD).No.493 of 2013] [Respondents 24 to 27 are brought on record as LR's of the deceased 7th respondent vide order dated 15.12.2021 made in C.M.P(MD).Nos.4062, 4065 and 4059 of 2021 in S.A.(MD).No.493 of 2013]

Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 02.01.2013 made in A.S.No.10 of 2007 on the file of the Subordinate Court, Devakottai confirming the judgment and decree dated 28.02.2007 made in O.S.No.118 of 2004 on the file of the Principal District Munsif Court cum Judicial Magistrate, Karaikudi. For Appellants : Mr.G.Prabhu Rajadurai For Respondents : Mr.R.Sundar Srinivasan for R1 to R5 Mr.S.Yesudhason for R8 R6 and R7-Died No-appearance for R9 to R11, R16, R23 to R27 C.R.P(MD).No.1470 of 2013 A.Amanullah (Died) ...Petitioner/Appellant/Appellant 2.Beevi Fathima 3.Mubeen 4.Mohamed Sahadik Rahman 5.Ahamed Rasmi 6.Afsal Ahamed ....LR's of the deceased sole appellant [Petitioners 2 to 6 are brought on record as LR's of the deceased sole petitioner vide order dated 11.08.2022 made in C.M.P(MD).Nos.7080 to 7082 of 2022 in C.R.P(MD).No.1470 of 2013] Vs 1.R.M.Subramanian 2.N.A.V.Alagappan 3.A.L.Uma

4.A.L.Valliammai 5.A.L.Alagammai 6.A.L.Nachalakshmi 7.M.Mohamed Yusuff 8.Hussain Banu 9.A.Mustaffa 10.Abdul Beevi 11.Pavusia 12.Alima Beevi 13.S.P.Alagammai 14.S.P.Meyyappan 15.S.P.Ramanathan 16.A.R.Meenal ....Respondents/Respondents/Respondents Prayer:- Civil Revision Petition filed under Section 115 of C.P.C against the order and decreetal order dated 21.12.2012 passed by the Subordinate Court, Devakottai, Sivagangai District in C.M.A.No.2 of 2007 confirming the order and decreetal order dated 28.02.2007 in C.T.O.P.No.1 of 2005 on the file of the Principal District cum Judicial Magistrate, Karaikudi, Sivagangai District.

For Petitioners : Mr.G.Prabhu Rajadurai For Respondents : Mr.R.Sundar Srinivasan for R2 to R6 R8 and R10-Ex-parte R1, R7 and R12-Died No appearance for R9 and R11

J U D G M E N T

It is reported that the matter has been settled out of the Court and the possession has been handed over by the appellants/petitioners to the respondents. The learned counsel appearing for the respondents also concurs with the said statement.

2. In view of the same, the learned counsel for the appellants in S.A.(MD).No.493 of 2013 and also the petitioners in C.R.P(MD).No.1470 of 2013 not presses them and an endorsement to that effect has also been made. Accordingly, both the Second Appeal and the Civil Revision Petition are dismissed as not pressed. No costs. Consequently, connected miscellaneous petitions are closed.

05.12.2022 Internet:Yes Index:Yes/No ssb

To

1. The Subordinate Court, Devakottai Sivagangai District 2.The Principal District cum Judicial Magistrate, Karaikudi, Sivagangai District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

N.SESHASAYEE, J.

ssb S.A(MD).No.493 of 2013 and C.R.P(MD).No.1470 of 2013 01.12.2022