Zulaika Bee vs Bathula Bee
2021 Latest Caselaw 1283 Mad

                                                                                 A.S.No.761 of 2005
                                                              and C.M.P.Nos.12571/2005 & 5588/2006

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 20.01.2021

                                             CORAM:
                             THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                 A.S.No.761 of 2005
                                                        and
                                          C.M.P.Nos.12571/2005 & 5588/2006

                     Zulaika Bee                                                      .. Appellant
                                                        Vs.


                     1.        Bathula Bee

                     2.        Aftab Begam alias Nasreen Fathima

                     3.        Kousar Jehan                                        .. Respondents

                     PRAYER: Appeal Suit is filed under Section 96 of C.P.C against the
                     judgment and decree passed by the Additional District and Sessions
                     Judge, Fast Track Court No.IV, Chennai made in O.S.No.4299 of 2001
                     dated 12.01.2005.

                                      For Appellant      : Mr.Perumbulavil Radhakrishnan

                                      For Respondents    : No appearance




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https://www.mhc.tn.gov.in/judis/
                                                                                    A.S.No.761 of 2005
                                                                 and C.M.P.Nos.12571/2005 & 5588/2006


                                                      JUDGMENT

(The case has been heard through video conferencing) Read in continuation of the order passed by this Court on

08.01.2021, today the learned counsel for the appellant appeared. Further

adjournment is sought. This Court is not inclined to grant any further

adjournment, since the matter is pending from 2005. Whenever the

matter listed, there was no proper representation and the petition to bring

the legal representatives of the deceased sole appellant is pending for

more than 15 years without any effort to serve notice to the proposed

parties.

2. Precisely for the said reason, when the matter was listed

on 08.01.2021, this Court after recording the entire facts adjourned this

matter to 20.01.2021 to enable the appellant to take necessary steps by

then. Unfortunately even after granting adequate time, the appellant has

not taken necessary steps.

3. This Court is of the view that it is futile to keep the first

https://www.mhc.tn.gov.in/judis/ A.S.No.761 of 2005 and C.M.P.Nos.12571/2005 & 5588/2006

appeal, which has become abated as early as 2006, on the death of the

sole appellant. Hence, the Appeal Suit is dismissed. Consequently,

connected civil miscellaneous petitions are also closed. No costs.

20.01.2021

Index : Yes/No Internet:Yes/No rpl

To Additional District and Sessions Judge, Fast Track Court No.IV, Chennai

DR.G.JAYACHANDRAN,J.

https://www.mhc.tn.gov.in/judis/ A.S.No.761 of 2005 and C.M.P.Nos.12571/2005 & 5588/2006

rpl

A.S.No.761 of 2005 and C.M.P.Nos.12571/2005 & 5588/2006

20.01.2021

https://www.mhc.tn.gov.in/judis/