M.Akbar ... 1St Defendant / vs ) Majebee
2022 Latest Caselaw 900 Mad

                                                                                                 S.A.No.1720 of 1999

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 20.01.2022

                                                            CORAM:

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU

                                                 S.A.No.1720 of 1999
                                          and Cross Objection No.1 of 2020,
                                    C.M.P.Nos.18239 & 8848 of 1999, and 158 of 2009
                                              (Through Video Conference)

                     M.Akbar                                                   ... 1st Defendant / Appellant/
                                                                                   Appellant

                                                                   Vs.

                     1) Majebee

                     2) Ghouse Unnissa

                     3) Minor Haisar

                     4) Minor Afsar
                        Minors 3 and 4 repd. by their mother
                        and natural guardian/ 1st respondent

                     5) Ansar @ Abdul Kapoor                                   ... Plaintiffs/ RR 1 to 5/
                                                                                   Respondents

                     6) Rajendran                                              ... 2nd Defendant/ R6/
                                                                                   Respondent

                     * R3 declared Major and R1 discharged from guardianship vide order of this Court dated 25.09.2003
                     made in C.M.P.No.5548 of 2002



                     ____________
                     Page No.1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                    S.A.No.1720 of 1999

                     PRAYER: Second Appeal is filed against the Judgment and Decree of
                     the Court of the Principal District Judge, Villupuram in A.S.No.141 of
                     1997 dated 24.12.1998 in confirming the judgment and decree of the
                     Court of the Sub Judge, Tindivanam in O.S.No.49 of 1989 dated
                     29.03.1996.
                                       For Appellant        ...   Mr.V.Raghavachari
                                       For R-1              ...   Died
                                       For RR 3, 4 & 6      ... No Appearance
                                       For RR 2 & 5         ... Mr.R.Muralidaran
                                                          ******
                                                       JUDGMENT

Earlier, when the matter came up for hearing on 19.01.2021, it was

submitted before this Court that, the first respondent is no more. This

Court had granted adjournment for a period of three weeks for taking

steps to implead the legal heirs of the deceased first respondent.

2. Today, when the matter is taken up for hearing, the learned

counsel appearing for the appellant would submit that a letter has been

sent to his client, informing that the first respondent is dead. Thereafter,

no instruction has been received from the parties pertaining to the further

action to be taken in the above second appeal.

____________

https://www.mhc.tn.gov.in/judis S.A.No.1720 of 1999

3. Considering the submissions made by the learned counsel for the

appellant, this Second Appeal is Dismissed for non-prosecution. In view

of the same, no further orders are required in the cross objection petition

filed in Cross Objection No.1 of 2020. No costs. Consequently

connected Miscellaneous Petitions are closed.

20.01.2022 Speaking Order / Non-Speaking Order Index : Yes / No

sts

To:

1. The Principal District Judge, Villupuram.

2. The Court of the Sub Judge, Tindivanam

3. The V.R. Section, High Court, Madras.

____________

https://www.mhc.tn.gov.in/judis S.A.No.1720 of 1999

J.NISHA BANU, J.,

sts

Judgment made in S.A.No.1720 of 1999

Dated:

20.01.2022

____________

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