Madras High CourtCMA(MD)/612/2019dismissed for nonprosecution

Jothiammal (Died) v. Kathija Beevi

2023-11-28Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Jothiammal (Died) 1.Duraisamy Thevar Silambayee (Died) 2.Rajamani 3.Thangarasu 4.Rani 5.Deepa 6.Geetha 7.Arun ... Appellants Vs.

1.Kathija Beevi 2.Kabeeria Beevi 3.Sabiya Beevi 1/5

4.Jahuba Nisha Jahabdeen (Died) 5.Fathima Beevi 6.Jafar 7.Daslima Begam 8.Amanullah 9.Mohammed Meera 10.Mohammed Hanifa 11.Wahab 12.Mumtaj 13.Jarina Begam 14.Ajiza 15.Chidambaram 16.Meiyanatha Marudhuvar 17.Arif Rawther 18.Nillavar Nisha 19.Nazreen Banu 20.Kadher Mohaideen 21.Chittamma Beevi 22.Vinni @ Lakshmi 2/5

23.Rama Moorthi 24.Indira 25.Rajalakshmi ... Respondents (Cause title accepted vide order dated 19.11.2009 made in M.P.(MD)No.1 of 2009 in C.M.A.(MD)SR.No.45256 of 2009) PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 (V) of C.P.C., to set aside the Judgment in A.S.No.12 of 1996 dated 30.06.2006 on the file of the Sub Judge, Pudukkottai reversing the Judgment and findings of District Munsif Court, Aranthangi in O.S.No.423 of 1986 dated 21.02.1995 so far as remitting the matter to the Trial Court. For Appellant : No appearance For Respondents : No appearance

JUDGMENT

When the matter was taken up for hearing on 06.10.2023, there was no representation on behalf of the appellant. Then, the matter was listed on 30.10.2023, under the caption "For Dismissal", however, on that day, there was no representation on behalf of the appellant. Hence, the matter was directed to be listed on 31.10.2023 under the caption "For Dismissal". On that day, when the matter was taken up for hearing, there was no 3/5

representation on behalf of the appellant. Hence, the connected Civil Miscellaneous Petitions were dismissed on 31.10.2023 and directed to be listed today i.e., on 28.11.2023. Even today, there is no representation on behalf of the appellant.

2.Hence, this Civil Miscellaneous Appeal is dismissed as Nonprosecution. There shall be no order as to costs. 28.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Sub Judge, Pudukkottai.

2.The District Munsif Court, Aranthangi.

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

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L.VICTORIA GOWRI, J., Sml 28.11.2023 5/5