Murjitha Beham vs Mallika Bivi (Died) ... 1St
2024 Latest Caselaw 644 Mad

Madras High Court

Murjitha Beham vs Mallika Bivi (Died) ... 1St on 9 January, 2024

                                                                                       S.A.No.612 of 2003



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 09.01.2024

                                                        CORAM

                        THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

                                                  S.A.No.612 of 2003

                     Murjitha Beham                              ... Appellant/1st Respondent/
                                                                     1st Defendant

                                                           Vs.

                     1.Mallika Bivi (Died)                       ... 1st Respondent/Appellant/
                                                                     Plaintiff
                     2.Pappammal Bivi

                     3.Mariyam Bivi                              ... Respondents 2 & 3/
                                                                     Respondents 2 & 3/
                                                                     Defendants 2 & 3
                     4.Ajis Khan

                     5.Crozinal Begum                            ... Respondents 4 & 5

                     [RR4 & 5 – brought on record as LRs of the deceased
                     1st respondent vide order dated 23.12.2021 made in
                     M.P.(MD) Nos.1 and 2 of 2006 in S.A.No.612 of 2003]


                     Prayer: Appeal filed under Section100 of Civil Procedure Code to set aside

                     the judgment and decree dated 23.10.2002 made in A.S.No.80 of 2000 on


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                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                     S.A.No.612 of 2003



                     the file of the Principal District Court, Sivagangai, reversing the judgment

                     and decree dated 18.08.1999 made in O.S.No.46 of 1994 on the file of the

                     District Munsif Court, Manamadurai.


                                   For Appellant     :         No appearance

                                   For R5            :         Mr.S.Parthasarathy

                                   For RR2 & 3       :         No appearance

                                   RR1 & 4           :         Died


                                                         JUDGMENT

Learned counsel for the appellant on record filed a memo dated

8th January, 2024 vide USR No.987 reporting “no instructions” on the

ground that in spite of intimation given to the appellant, there is no response

from the appellant. Hence, there is none to prosecute this appeal. In the

circumstances, this Court is left with no other option except to dismiss this

appeal for non-prosecution.

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

2. Accordingly, this Second Appeal is dismissed for non-

prosecution. However, there shall be no order as to costs.

09.01.2024

NCC : Yes/No Index : Yes/No Internet : Yes

abr

To

1.The Principal District Court, Sivagangai.

2.The District Munsif Court, Manamadurai.

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

MUMMINENI SUDHEER KUMAR, J.

abr

09.01.2024

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