Ajji @ Sheikh Mohideen (Died) v. Nawab @ Dawood Khan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A.No.1077 of 1997 & C.M.P.No.10637 of 1997 1.Ajji @ Sheikh Mohideen (died) 2.Adikalamary @ Hussin Bibi 3.Kadar Basha ...Appellants vs.

1.Nawab @ Dawood Khan 2.Asain Khan 3.Sheikh Ali 4.Megbool @ Badekhan 5.Ramsa Begum 6.Sheikh Khan @ Raja 7.Sarbudin 8.Karimunisa 9.Sherkhan @ Raja 10.Mohammed Ali 11.Alima Bibi 12.Sabjan

13.Mohammed Isa 14.Asmin 15.Minor Rehana, Rep. by father and guardian Sabjan 16.Subda 17.Minor Munibulla 18.Minor Rahimunnisa 19.Piyarijohn 20.Hyder Ali 21.Liagat Alikhan 22.Akbar 23.Babu 24.Sherkhan 25.Meharunnisa ... Respondents (Appellants 2 and 3 are brought on record as LRs of the deceased sole appellant vide order of Court dated 17.02.2004 in C.M.P.Nos.1714 to 1716 of 2004) (Respondent No.6, who is already on record is recorded as LR of the deceased 1st respondent vide Court order dated 04.08.2023 in C.M.P.Nos.2046 & 2047 of 2004)

(Respondents 8 to 18 are brought on record as LRs of the deceased 1st respondent vide Court order dated 04.08.2023 in C.M.P.Nos.2046 & 2047 of 2004) (Respondents 19 to 25 are brought on record as LRs of the deceased 4th respondent vide Court order dated 04.08.2023 in C.M.P.Nos.2043 to 2045 of 2004) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 15.09.1994 in A.S.No. 96 of 1992 on the file of the Principal Subordinate Judge, Trichirapalli preferred against the Judgment and Decree dated 23.09.1991 in O.S.No. 329 of 1990 on the file of the District Munsif, Thuraiyur. For Appellants :

No appearance For Respondents :

No appearance

JUDGMENT

When this matter was taken up for hearing on 22.09.2023, there was no representation for the appellants. Hence, this matter was directed to be listed under the caption 'for dismissal' on 26.09.2023.

2. Even today, there is no representation for the appellants, which shows that the appellants are not interested to prosecute the appeal. In view of the same, the Second Appeal is dismissed for non-prosecution. No costs. Consequently, the connected Miscellaneous Petition is closed. 26.09.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Principal Subordinate Judge, Trichirapalli 2.The District Munsif, Thuraiyur.

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

KRISHNAN RAMASAMY , J.

mbi 26.09.2023