Madras High CourtCMP(MD)/8731/2019ordered

Shakila Begum Alias Shakila Banu, v. Rahim Bi

2019-09-24Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.8731 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fourth day of September Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8731 of 2019 IN AS(MD) No.269 of 2009 1 SHAKILA BEGUM @ SHAKILA BANU, 2 JAKIR HUSSAIN 3 MINOR JAMEELA BANU @ JAMEELA BI, (MINOR JAMEELA BANU @ JAMEELA BI REP BY HER MOTHER - NATURAL GUARDIAN SHAKILA BEGUM @ SHAKILA BANU) ... PETITIONER/APPELLANTS Vs 1 RAHIM BI (DIED) ...1st RESPONDENT IN A.S. 2 INTHIAS BEGUM, 3 SARDAJI ALI, 4 AARIF ALI, 5 ANSAR ALI, 6 ANWAR ALI, 7 AMJATH ALI, 8 RAHAMATHUNISSHA, 9 MALIKA BEGUM, ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to effect the service of Notice to the Respondents No.8 and 9 Namely Rahamathunissha and Malika Begum Through substituted service in a Tamil Daily, Trichy Edition and thus render justice.

PRAYER IN AS(MD) No.269 of 2009 Pleased to set aside the Decree and Judgment passed by the Additional District Sessions Judge,Fast Track Court-I, Trichirappalli in O.S.No.6/2002 dated 27.11.2007 by decreeing the suit claim and allot 141/624 shares in favor of the Appellant/Plaintiffs and allowing this Appeal accordingly and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.R.MURUGESAN, Advocate for the petitioners and of M/s.Raguvaran Gopalan,Advocate for R2 to R7, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.8731 of 2019 This petition has been filed by the petitioners with a prayer for effecting service on the proposed respondents 8 and 9 by substituted service, i.e., by publication in a Tamil Daily, as difficulty was encountered in serving the said respondents through the usual modes.

2.It is stated by the learned counsel for the petitioners that though the petitioners have sent notice to the proposed respondents 8 and 9, the same have been returned as 'insufficient address'. Hence, he requested this Court to permit the petitioners to effect substituted service.

3.Considering the above submission, the petitioners are permitted to serve notice to the proposed respondents 8 and 9 through substituted service by effecting paper publication in any one of the Tamil Daily newspapers which is having wide circulation in the locality, by duly indicating the date of next hearing as 17.10.2019.

4.The said exercise shall be completed on or before 03.10.2019 and the proof of paper publication should be filed before the Registry.

5.The petition is ordered accordingly.

6.Post the C.M.P(MD)Nos.3176 to 3178 of 2019 on 17.10.2019 for hearing.

sd/- 24/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT SESSIONS JUDGE/ FTC.NO.I, TIRUCHIRAPPALLI.

ORDER IN CMP(MD) No.8731 of 2019 IN AS(MD) No.269 of 2009 Date :24/09/2019 SMN ES/PN/SAR 2/25.09.2019/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2