Haji S.M.Bathuruddin vs T.Madurambiga Ammal
2021 Latest Caselaw 12574 Mad

                                                                               S.A.No.422 of 2009


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 28.06.2021

                                                      CORAM

                                     THE HONOURABLE MS.JUSTICE P.T.ASHA

                                            Second Appeal No.422 of 2009
                                                        and
                                                  M.P.No.1 of 2009

                  1.Haji S.M.Bathuruddin
                  2.S.M.B.Halima (Deceased)

                  3.S.B.Kuthabudeen
                  4.S.B.Muhamed Isamil
                  5.S.B.Malike
                  (Appellant 3 to 5 brought on record
                  as LRs of the deceased 2nd appellant
                  vide order of Court dated 28.04.2015
                  made in M.P.1 to 3 of 2014 in
                  S.A.422/09)                                                ... Appellant

                                                        Vs.
                  1.T.Madurambiga Ammal
                  Wife of A.Thiyagarjappa

                  2.T.D.Deenadayalappa
                  3.Vasantha
                  4.Kamala
                  5.Dhanalakshmi
                  (R2 to R5 exparte in Lower Court )                       ... Respondents


                            Prayer:- The Second Appeal filed under Section 100 of C.P.C.,

                  1/4



https://www.mhc.tn.gov.in/judis/
                                                                                    S.A.No.422 of 2009


                  against the judgment and decree dated 27.06.2008 in A.S.No.608 of 2005,
                  on the file of the II Additional Judge, City Civil Court, Madras in
                  confirming the judgment and decree dated 24.03.2005 in O.S.No.2038 of
                  1996, on the file of the II Assistant City Civil Judge, Madras.


                                     For Appellants    : Mr.Joseph Stalin
                                                         for Mr.V.Raghavachari

                                     For Respondents : R1 – dismissed as abated vide order
                                                       dated 28.06.2021

                                                        R2 to R5 - exparte


                                                      JUDGMENT

(The case has been heard through video conference)

On 07.11.2019, this Court had passed the following order:

“The learned counsel for the appellant is directed to take steps to bring on record the legal representatives of the deceased 1st respondent. If no steps are taken to bring on record the legal representatives for the deceased 1st respondent before the next hearing, the second appeal shall stand automatically dismissed as abated as against R1.”

2.Today, C.M.P has not been numbered for bringing the legal heirs of

https://www.mhc.tn.gov.in/judis/ S.A.No.422 of 2009

the deceased 1st respondent. Considering the order dated 07.11.2019, the

second appeal stands dismissed as against the 1st respondent. The 1st

respondent is the plaintiff in the suit. Considering the fact that the second

appeal is abated as against the contesting 1st respondent, the second appeal

stands dismissed as abated. Consequently, the connected miscellaneous

petition is also dismissed. No costs.

28.06.2021 kas

To.

1.The II Additional Judge City Civil Court Madras

2.The II Assistant City Civil Judge Madras

https://www.mhc.tn.gov.in/judis/ S.A.No.422 of 2009

P.T.ASHA, J.

kas

S.A.No.422 of 2009 and M.P.No.1 of 2009

28.06.2021

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