K.S.Ahamed Basha vs K.S.Abubakkar
2023 Latest Caselaw 837 Mad

                                                                           SA.No.528 of 2015

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 20.01.2023

                                                   CORAM:

                                   THE HON'BLE MS.JUSTICE P.T.ASHA

                                              S.A.No.528 of 2015

                     1.K.S.Ahamed Basha
                     2.K.S.Mohammed Bhari
                     3.K.S.Abu Thahir
                     4.K.S.Mujibur Rahman                                  ... Appellants

                                                       Vs.


                     1.K.S.Abubakkar
                     2.Najjimunisha Begum
                     3.Jakkirabanu Begum
                     4.Sabhira Begum
                     5.Sakhitha Begum
                     6.K.S.Anwar Basha                                  ... Respondents



                     PRAYER : Second Appeal filed under Section 100 of C.P.C., to set

                     aside the judgment and decree dated 09.12.2014 made in A.S.No.17 of

                     2012 on the file of the III Additional District Court, Thiruvallur at

                     Poonamallee and confirming the judgment and decree dated 03.12.2011

                     made in O.S.No.365 of 2010 on the file of the Sub-Judge, Poonamallee

                     by allowing the Second Appeal before this Court.

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                                                                                SA.No.528 of 2015




                                  For Appellants        : Mr.Mohammed Fayaz Ali

                                  For Respondents       : Mr.M.Rajasekar for R1
                                                         Mr.A.Thameem Mohideen
                                                              for R2 to R5
                                                          R6- not ready in notice



                                                     JUDGMENT

The counsel for the appellants has filed a memo in which, it is

stated that he was intimated orally by the appellants that they have no

desire to continue to prosecute the Second Appeal. The counsel appears

to have requested the appellants to send intimation in this regard.

However, the same was not forth coming. The counsel has thereafter

issued a letter dated 04.01.2023 to the appellants seeking their

instructions (A copy of the letter is produced before the Court). The

second appellant has received the said letter dated 04.01.2023 and the

perusal of the letter would indicate that the counsel has mentioned that he

was intimated by the appellant over telephone that the appellants were

not inclined to pursue the Second Appeal. The second appellant has

received the said notice whereas, the others have not claimed the same

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SA.No.528 of 2015

despite intimation being granted. Therefore, it is clear that the appellants

have deliberately not received the said notice. However, taking into

consideration the contents of the letter dated 04.01.2023 addressed by the

counsel for the appellants and conduct of the appellants it appears that

they are no longer interested in prosecuting the Second Appeal. The copy

of the letter, acknowledgment card and memo are taken on file.

2. In view of the above, the Second Appeal is dismissed for

non-prosecution. No costs.

20.01.2023

Index : Yes/No Internet : Yes/No dna

To

1.The III Additional District Court, Thiruvallur at Poonamallee

2.The Sub-Judge, Poonamallee.

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

SA.No.528 of 2015

P.T.ASHA, J.

dna

S.A.No.528 of 2015

20.01.2023

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

SA.No.528 of 2015

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