Ajji @ Sheikh Mohideen (Died) vs Nawab @ Dawood Khan
2023 Latest Caselaw 13217 Mad

                                                                        S.A.No.1077 of 1997



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 26.09.2023

                                                   CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                            S.A.No.1077 of 1997 &
                                            C.M.P.No.10637 of 1997


                     1.Ajji @ Sheikh Mohideen (died)
                     2.Adikalamary @ Hussin Bibi
                     3.Kadar Basha                                   ...Appellants
                                                       vs.

                     1.Nawab @ Dawood Khan
                     2.Asain Khan
                     3.Sheikh Ali
                     4.Megbool @ Badekhan
                     5.Ramsa Begum
                     6.Sheikh Khan @ Raja
                     7.Sarbudin
                     8.Karimunisa
                     9.Sherkhan @ Raja
                     10.Mohammed Ali
                     11.Alima Bibi
                     12.Sabjan


                     Page 1 of 5
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                                                                             S.A.No.1077 of 1997



                     13.Mohammed Isa
                     14.Asmin
                     15.Minor Rehana,
                        Rep. by father and guardian Sabjan
                     16.Subda
                     17.Minor Munibulla
                     18.Minor Rahimunnisa
                     19.Piyarijohn
                     20.Hyder Ali
                     21.Liagat Alikhan
                     22.Akbar
                     23.Babu
                     24.Sherkhan
                     25.Meharunnisa                                     ... Respondents


                     (Appellants 2 and 3 are brought on record as LRs of the deceased sole
                     appellant vide order of Court dated 17.02.2004 in C.M.P.Nos.1714 to
                     1716 of 2004)


                     (Respondent No.6, who is already on record is recorded as LR of the
                     deceased 1st respondent vide Court order dated 04.08.2023 in
                     C.M.P.Nos.2046 & 2047 of 2004)




                     Page 2 of 5
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                                                                                     S.A.No.1077 of 1997



                     (Respondents 8 to 18 are brought on record as LRs of the deceased 1st
                     respondent vide Court order dated 04.08.2023 in C.M.P.Nos.2046 &
                     2047 of 2004)


                     (Respondents 19 to 25 are brought on record as LRs of the deceased 4th
                     respondent vide Court order dated 04.08.2023 in C.M.P.Nos.2043 to
                     2045 of 2004)


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 15.09.1994 in A.S.No.
                     96 of 1992 on the file of the Principal Subordinate Judge, Trichirapalli
                     preferred against the Judgment and Decree dated 23.09.1991 in O.S.No.
                     329 of 1990 on the file of the District Munsif, Thuraiyur.

                     For Appellants                :     No appearance

                     For Respondents               :     No appearance


                                                       JUDGMENT

When this matter was taken up for hearing on 22.09.2023, there

was no representation for the appellants. Hence, this matter was directed

to be listed under the caption 'for dismissal' on 26.09.2023.

https://www.mhc.tn.gov.in/judis S.A.No.1077 of 1997

2. Even today, there is no representation for the appellants, which

shows that the appellants are not interested to prosecute the appeal. In

view of the same, the Second Appeal is dismissed for non-prosecution.

No costs. Consequently, the connected Miscellaneous Petition is closed.

26.09.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

To

1.The Principal Subordinate Judge, Trichirapalli

2.The District Munsif, Thuraiyur.

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

https://www.mhc.tn.gov.in/judis S.A.No.1077 of 1997

KRISHNAN RAMASAMY, J.

mbi

S.A.No.1077 of 1997

26.09.2023

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