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Madras High CourtCMP(MD)/3486/2026allowed

Mohammed Musthafa (Died), 1.M.Vahidha Rahman, v. Abdul Rahim (Died), 1. A.Mariyam Begum,

2026-04-06Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-04-2026

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) Nos.3486 and 3488 of 2026 in SA No.881 of 2003 Mohammed Musthafa (died) 1.M.Vahidha Rahman 2.M.Muhipoor Rahman : Petitioners 1 and 2/ Appellants 2 and 2 Vs.

Abdul Rahim (Died) 1.A.Mariyam Begum 2.A.Balkish Banu 3.A.Jameela Begum 4.A.Nagoor Meeran 5.A.Peer Mohammed : Respondents 1 to 5/ Proposed Respondents 2 to 5 For Petitioner(s): Mr.F.x.Eugene For Respondent(s): Mrs.Jessi Jeevapriya 1/3

Prayer in CMP(MD)No.3486 of 2006: This Civil Miscellaneous Petition is filed to set aside the abatement caused due to the death of the sole respondent in SA No.881 of 2003.

Prayer in CMP(MD)No.3488 of 2006: This Civil Miscellaneous Petition is filed to bring on record of the respondents 1 to 5 herein as legal heirs of the deceased sole respondent and rank them as respondents 2 to 6, in SA No.881 of 2003.

COMMON ORDER These applications in CMP(MD)Nos.3486 and 3488 of 2006 have been filed to set aside the abatement caused on account of death of the sole respondent and to bring on record the proposed respondents 2 to 6 as the legal representatives of the deceased sole respondent. 2.Heard the learned counsel on either side and perused the material available on record.

3.The learned counsel appearing for the respondent has no objection in allowing these petitions.

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4.Having been satisfied with the reasons assigned in the affidavit filed in support of the Miscellaneous Petition and also the submission made by the learned counsel on either side, this Court is of the view that these petitions are allowed.

5.The Registry is directed to carry out necessary amendment in the cause title and post the matter after two weeks. 06-04-2026 er 3/3