Adam Shah (Died) vs Abdul Lathif
2021 Latest Caselaw 11731 Mad

                                                                              S.A.No.454 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :       15.06.2021

                                                     CORAM

                                     THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                S.A.No.454 of 2008

                     1.Adam Shah (died)
                     2.Kaininm Shah
                     3.Rajiya Begam
                     4.Abdul Kareem                ...Plaintiff/1st Respondent/Appellants
                                                         Vs.
                     1.Abdul Lathif
                     2.M.Doulath
                     3.M.Sadiq Basha
                     4.M.Parveen
                     5.Minor M.Shobika Sultana ...2nd Defendant/Appellants
                                                    /Respondents

                     6.The Tamil Nadu Electricity Board
                     rep. by its Chairman,
                     Mount Road,
                     Madras - 2.

                     7.The Tamil Nadu Electricity Board,
                     rep. by its Executive Engineer,
                     Namakkal, Mohanur Road,
                     Namakkal.

                     8.The Tamil Nadu Electricity Board,
                     rep. by its Assistant Engineer,
                     (Operation and Maintenance),
                     Erumaipatty, Namakkal. ...Defendants 3 to 5/Respondents 2 to 4
                                               /Respondents



https://www.mhc.tn.gov.in/judis/
                                                                                   S.A.No.454 of 2008


                     (Appellants 2 to 4 are impleaded as the legal representatives of the deceased

                     1st appellant vide Court order dated 09.04.2021 made in C.M.P.Nos.14238,

                     14241 and 14243 of 2019 in S.A.No.454 of 2008 by PTAJ)

                     PRAYER:          Second Appeal filed under Section 100 of the Code of Civil

                     Procedure against the Judgment and Decree of the learned Principal District

                     Judge, Namakkal made in A.S.No.44 of 2002 dated 22.10.2003 reversing

                     the Judgment and Decree of the Additional District Munsif, Namakkal made

                     in O.S.No.772 of 1993 dated 29.02.1996.

                                     For Appellants     :     Mr.K.Yamunan
                                                              No appearance

                                     For Respondent :         R1, R2, R5 to R5 - Served
                                                              No appearance

                                                              R3 and R4 -Dismissed vide order
                                                              dated 23.09.2011.


                                                        JUDGMENT

In the above matter, since the learned counsel for the appellant was

no more the Registry was directed to take notice on the appellant.

2.It appears that notice has been taken to the appellant and the same

has been returned with an endorsement "Expired" as early as on 08.04.2018.

https://www.mhc.tn.gov.in/judis/ S.A.No.454 of 2008

Todate no steps have been taken by his legal representatives to implead

themselves in this proceeding. Therefore, this Second Appeal is dismissed

as abated. No costs.

                                                                                   15.06.2021

                     Index         : Yes/No
                     Internet      : Yes/No
                     mps

                     To

1.The Principal District Judge, Namakkal,

2.The Additional District Munsif, Namakkal.

3.The Chairman, Tamil Nadu Electricity Board, Mount Road, Madras - 2.

4.The Executive Engineer, Tamil Nadu Electricity Board, Namakkal, Mohanur Road, Namakkal.

5.The Assistant Engineer, Tamil Nadu Electricity Board, (Operation and Maintenance), Erumaipatty, Namakkal.

https://www.mhc.tn.gov.in/judis/ S.A.No.454 of 2008

P.T. ASHA, J,

mps

S.A.No.454 of 2008

15.06.2021

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