Sheriffa (Died) vs V.Periyasamy
2024 Latest Caselaw 8280 Mad

Madras High Court

Sheriffa (Died) vs V.Periyasamy on 3 June, 2024

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                      S.A(MD)No.SR32266 of 2009



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 03.06.2024

                                                   CORAM :

                                  THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

                                             M.P(MD)No.3 of 2012
                                                     in
                                          S.A(MD)No.SR32266 of 2009
                                                    and
                                             M.P.(MD)No.5 of 2012

                     Seeni Rowther (Since deceased)
                     1.Sheriffa (died)
                     2.Ayisa Beevi
                     3.Hussain
                     4.Pappathi Ammal
                     5.Shahul Hameed
                     6.Seeni Mohammed
                     7.Seeni Mydeen
                     (A7 is impleaded as party of the
                     1st appellant, vide Court order dated
                     31.10.2019)                              ... Petitioners / Appellants
                                                         Vs
                     1.V.Periyasamy
                     Akbar Ali (since deceased)
                     Mohammed Fathima (since deceased)
                     Periyathayammal (Since deceased)

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                        S.A(MD)No.SR32266 of 2009


                     2.Ameena Beevi
                     Pitchaiammal (since deceased)
                     3.Seeni Mohaideen
                     4.Sheik Mohaideen
                     5.Abdul Kader
                     6.Abdul Jabar
                     7.Fathumakani
                     Minna Habeeba (since deceased)
                     8.Fathuma Kani
                     9.Ayesha
                     10.Mohammed Sulthan
                     11.Ragumath Nisha
                     12.Pichai Mohideen
                     13.Kathija Begam
                     14.Seeni Syed Ammal
                     15.Seenikannu
                     (Respondents 2 to 15 do not have any
                     present interest. Therefore, given up)                  ... Respondents
                     Prayer in M.P(MD)No.3 of 2012 : Civil Miscellaneous Petition is filed
                     under Section 5 of the Limitation Act to condone the delay of 199 days in
                     filing the Second Appeal.

                     Prayer in S.A.(MD)No.SR32266 of 2009 : Second Appeal is filed under
                     Section 100 of C.P.C., to allow the Second Appeal set aside the judgment
                     and decree made in A.S.No.249 of 2004 on the file of III Additional
                     Subordinate Court, Madurai, dated 21.04.2009 reversing the judgment

                     2/4

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                                                                                S.A(MD)No.SR32266 of 2009


                     and decree made in O.S.No.542 of 1964 on the file of Principal District
                     Munsif Court, Madurai Town dated 12.07.2004 and allow the final
                     decree petition.
                                        For Petitioners    : No appearance

                                        For R1             : Mr.R.A.Mohanram


                                                            ORDER

When the matter came up for hearing on 05.04.2024, there was no

representation for the petitioners and therefore, it was adjourned to

03.06.2024. Even today(03.06.2024), when the matter was taken up for

hearing, none appeared on behalf of the petitioners. Therefore, no

purpose is going to be served in keeping this petition pending.

2. Accordingly, this Miscellaneous Petition is dismissed for default

and the Second Appeal is rejected at the SR stage itself. Consequently,

M.P.(MD)No.5 of 2012, is also dismissed for default.

03.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn

https://www.mhc.tn.gov.in/judis S.A(MD)No.SR32266 of 2009

G.ILANGOVAN, J.

pnn

To

1. The III Additional Subordinate Judge, Madurai.

2. The Principal District Munsif, Madurai Town.

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

ORDER IN

in S.A(MD)No.SR32266 of 2009 and

03.06.2024

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