Shaik Sulaiman v. Noorjahan Beevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Shaik Sulaiman ... Appellant/Appellant/Plaintiff Vs.

1.Noorjahan Beevi 2.Minor Mohammed Sameer 3.Minor Shamuneesha ... Respondents/Respondents/Defendants (Minors represented by their mother an Guardian the first respondent) PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree of the Additional District Court, Kanniyakumari District, Nagercoil in A.S.No.30 of 2002, dated 10.02.2003 confirming the decree and Judgment passed by the II Additional Subordinate Judge, Nagercoil in O.S.No.267 of 1998 dated 09.10.2001.

For Appellant : Mr.T.M.Hariharan For Respondents : Mr.D.Hari 1/4

JUDGMENT

This second appeal is filed against the Judgment and Decree of the Additional District Court, Kanniyakumari District, Nagercoil in A.S.No. 30 of 2002, dated 10.02.2003 confirming the decree and Judgment passed by the II Additional Subordinate Judge, Nagercoil in O.S.No.267 of 1998 dated 09.10.2001.

2.Sole appellant reported to be dead even in the year 14.03.2006. The first and second respondents are present before this Court in person. The second respondent has stated that because of the matrimonial issue between the deceased appellant and the first respondent suit was filed by the plaintiff, husband of the first respondent and father of the second and third respondents. No other legal heirs are available. According to the respondents they are now living in the suit house, even today. 3.In view of the above said submissions, this second appeal is dismissed as abated. No costs.

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Index :

Yes / No Internet :

Yes / No TM To 1.The Additional District Judge, Kanniyakumari District, Nagercoil. 2.The II Additional Subordinate Judge, Nagercoil. 3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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