Thajudeen(Died) vs Mohammed Farooq
2022 Latest Caselaw 14601 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 17.08.2022

                                                       CORAM:

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                          A.S(MD)Nos.43 and 44 of 2005
                                                      and
                                         M.P(MD)Nos.1,1,2,2 and 3 of 2013
                                                      and
                                            C.M.P(MD)No.3526 of 2005

                     A.S(MD)No.43 of 2005

                     1.Thajudeen(died)

                     2.T.Zaveed

                     3.M.Vajiya

                     4.Shakila

                     (Appellants 2 to 4 are brought on record as legal representatives of
                     the deceased first appellant as per order of this Court made in
                     M.P(MD)Nos.2 and 2 of 2009 in A.S(MD)No.43 and 44 of 2005,
                     dated 9.12.2009)              :Ist Defendant/ /Appellants

                                                .vs.


                     1.Mohammed Farooq

                     2.Mohammed Samsudeen

                     3.Dilsha Beevi

                     4.Inoon Jaria

                     5.Fathimunnisa



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                     6.Habib Rahman                 :Defendants 2 to 6/Respondents

                     A.S(MD)No.44 of 2005

                     1.Thajudeen(died)

                     2.T.Zaveed

                     3.M.Vajiya

                     4.Shakila

                     (Appellants 2 to 4 are brought on record as legal representatives of
                     the deceased first appellant as per order of this Court made in
                     M.P(MD)Nos.2 and 2 of 2009 in A.S(MD)No.43 and 44 of 2005,
                     dated 9.12.2009)              :Plaintiffs /Appellants

                                             .vs.


                     1.Mohammed Samsudeen

                     2.Mohammed Farooq

                     3.Dilsha Beevi

                     4.Inoon Jaria

                     5.Fathimunnisa

                     6.Habib Rahman                 :Defendants /Respondents


                     COMMON PRAYER: First Appeals filed under Section 96 of the Civil
                     Procedure Code against the judgment and decree made in O.S.No.
                     49 of 2004, dated 2.12.2004, on the file of Additional District Judge-
                     cum-Fast Track Court No.I, Thanjavur.


                                  For Appellants          :No appearance


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                                       For Respondents            :No appearance


                                                      COMMON JUDGMENT
                                                      ****************

                                  The appeal suits are of the year 2005. In the earlier hearing

                     date, ie., on 11.08.2022,learned counsel for the appellants filed

                     memos           stating   that    he   has   ''no   instructions''   from   his

                     clients/appellants. Hence the vakalath of the learned counsel for the

                     appellants is cancelled and the Registry is directed to remove the

                     name of the learned counsel for the appellants from the cause-list

                     and to print the name of the appellants in the cause-list. Today, the

                     name of the appellants is printed in the cause-list,however, none

                     appears on behalf of them either in person or through counsel. This

                     shows that the appellants are not interested in prosecuting the

                     appeal suits. Hence this Court has no other option except to dismiss

                     the appeal suits for non-prosecution.Therefore the Appeal Suits are

                     dismissed for non-prosecution. No costs. Consequently, connected

                     Miscellaneous Petitions are dismissed.



                                                                              17.08.2022

                     Index:Yes/No
                     Internet:Yes/No
                     vsn



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                     To

                     1.The Additional District Judge-cum-Fast Track Court No.I,
                       Thanjavur.

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




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                                                P.VELMURUGAN.,J.

vsn

COMMON JUDGMENT MADE IN A.S(MD)Nos.43 and 44 of 2005 and M.P(MD)Nos.1,1,2,2 and 3 of 2013 and C.M.P(MD)No.3526 of 2005

17.08.2022

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