Madras High CourtSA(MD)/193/2019dismissed for nonprosecution

K.Seyad Mohamed Kavus (Died) v. Raja Mohamed Maideen (Died)

2024-03-06Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI S.A(MD).No.193 of 2019 and C.M.P(MD).No.4142 of 2019 1.Seyad Ibrahim 2.K.Seyad Hussain 3.Panimal @ Mahabuf Beevi 4.Seyad K.Mohamed Hanib 5.Kulam Thaskeer 6.Kadarunnisha 7.Seyad Rasul 8.Seyad Abupakkar 9.Seyad Sulaiman 10.Sarpunnisha ... Appellants Vs.

1.Biara 2.Nanna @ Abdullah Khan 3.R.Ameerkhan 4.Samsudeen 5.M.Mohamed Umar 6.M.Bhasha Khan 7.Sheik Ibrahim 8.M.Jamruth 9.Noorjakhan 10.Kadar John 11.Mumtaj 12.Mahabuf John Beevi 13.M.Pavul Ahamed 14.M.Sasin Usha 1/5

15.M.Sindha Usha 16.Geenath 17.Hamrunnisha 18.Vasithabanu 19.Sathik Ali 20.Jeenath Begam 21.Yaseen 22.Mahaboob Batcha 23.Yusuf Khan @ Babu 24.Aseena Banu 25.Iqbal 26.Fathima Beevi 27.Salima Banu ... Respondents PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 14.07.2017 made in A.S.No.127 of 2010 on the file of the Principal Subordinate Judge, Tirunelveli, confirming the judgment and decree dated 26.11.2009 made in O.S.No.139 of 1996 on the file of the 2nd Additional District Munsif Court, Tirunelveli.

For Appellant : No appearance For Respondents : Mr.G.S.Asok Adhithyan for R7, R9, R11, R14, R17 and R19 : Mr.T.Selvan for R25

JUDGMENT

When the matter was taken up for hearing on 28.02.2024, there was no representation for the appellants. Therefore, this Court directed the Registry to print the name of the appellants in the cause list and posted the matter on 04.03.2024. Thereafter, the matter was taken up for 2/5

hearing on 04.03.2024. On the said date, even after printing the name of the appellants, there was no representation for the appellants. Hence the matter was posted on 06.03.2024 under the caption "for dismissal". Even today, there is no representation on the side of the appellants.

2. The learned counsel for the respondents 7, 9, 11, 14, 17 to 19 and the learned counsel for the 25th respondent are present before this Court.

3. In view of the above, this Second Appeal is dismissed for nonprosecution. No Costs. Consequently, the connected miscellaneous petition is closed.

06.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No tta 3/5

1. The Principal Subordinate Court, Tirunelveli.

2.The 2nd Additional District Munsif Court, Tirunelveli.

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

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P.VADAMALAI, J.

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