Madras High CourtCMP(MD)/11849/2025allowed

Fathimabibi v. Mothi Bibi, (Died)

2026-03-03Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2026

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) Nos. 11849, 11858 & 11860 of 2025 in S.A.(MD)No.1117 of 2003 1.FATHIMABIBI W/o.Late.P.N.Syed Ibrahim Rowther 2.SELVI AVVAMMAL D/o.Late.P.N.Syed Ibrahim Rowther 3.ALAMGHEER S/o.Late.P.N.Syed Ibrahim Rowther All are residing at No.4 Nagoor Tope East Veli Street Madurai - 625 001.

Petitioner(s) Vs.

1.Mothi Bibi, (died) 2.Mohammed Ammal (Died) 3.Jailani Ammal

4. Mohabath

5. Sikkandar

6. Najeema

7. Jailani Bibi (Died)

8. Anarcali 1/4

9. S.Kaja (died)

10. Jaila

11. Rabiyath

12. Lailath

13. Amjath Ammal

14. P.N.S.Sindha Madhar (Died)

15. Hakkani Bibi

16. Sait

17. Iqbal

18. Sheik Abdulla

19. Sulaika Banu

20. Anitha Banu

21. Jahangir

22. Kathoon

23. Ruthuba

24. Ruthuba

25. Thamimmmun Ansari

26. S.Rasheetha Begum

27. S.Jamila Begum S.Bilai (Died)

28. S.Sarbutheen

29. S.Mababoob Subhani

30. S.Rasool Mariyam

31. S.Mohammed Kalith

32. S.Mohammed

33. S.Ameena

34. S.Sulthan Habeeba

35. S.Mohammed Moosa Respondent(s) 2/4

For Petitioner(s): Mr.K.Sekar For Respondent(s): M/s.D.Nallathambi - For R5 M/s.L.Shaji Chellan - For R17 Mr.D.Sakthivel Murugan - for R14 Mr.C.Jeyaprakash - for R25, 27, 29, 30, 31, 32 to 35 Prayer in CMP(MD) No.11849 of 2025: To condone the delay of 856 days in filing the petition to set aside the abatement in so far as the 14th Respondent namely P.N.S.Sindha Madhar in S.A.No.1117 of 2003 on the file of this Honourable Court and thus render justice. Prayer in CMP(MD) No.11858 of 2025: To set aside abatement in respect of the deceased 14th respondent namely, P.N.S.Sindha Madhar in S.A.(MD).No.1117 of 2003 on the file of this Honourable Court and render justice.

Prayer in CMP(MD) No.11860 of 2025: To bring on record the respondents 25 to 35 herein as the legal heirs of the deceased 14th respondent namely, P.N.S.Sindha Madhar in S.A.(MD).No.1117 of 2003 on the file of this Honourable Court and render justice. COMMON ORDER These applications in CMP(MD)Nos.11849, 11858 & 11860 of 2025 have been filed to condone the delay of 856 days in filing the application to set aside the abatement caused on account of death of the 14th respondent; to set aside the abatement caused due to the death of the 14th respondent and to bring on record the proposed respondents 25 to 35 as the legal representatives of the deceased 14th respondent. 3/4

2. Heard the learned counsel on either side and perused the material available on record.

3. Having been satisfied with the reasons assigned in the affidavit filed in support of the Miscellaneous Petitions and also the submission made by the learned counsel for the petitioners, this Court is of the view that the applications to bring the legal representatives on record, have to be allowed. Accordingly, these petitions are allowed. 4.The Registry is directed to carry out necessary amendment in the cause title.

03.03.2026 RM 4/4