Citation : 2025 Latest Caselaw 5482 Mad
Judgement Date : 30 June, 2025
S.A.Nos.1339 to 1341 of 2003
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
S.A.Nos.1339 to 1341 of 2003
and
C.M.P.Nos.11809, 16359 of 2003 and 434 of 2004
S.A.No.1339 of 2003:
1. Annamma (Died) ... 1st Appellant/Respondent/
Plaintiff
2. Varghease
3. Daniel ... Appellants 2 and 3
(Appellants 2 and 3 are brought on
record as LRs of the deceased sole
appellant vide order of this Court
dated 30.01.2024 made in C.M.P.No.
1227 of 2004 in S.A.No.1339 of
2003)
Vs.
1. Pathumma Beevi
2. Sukhara Beevi
3. Rehmath Beevi
4. Saleem
1/6
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S.A.Nos.1339 to 1341 of 2003
5. Raseena Beevi
6. Sahabdheen ... Respondents/Appellants/
Defendants 2 to 7
PRAYER: Second Appeal filed under Section 100 of C.P.C.,against the
judgment and decree of the learned II Additional Subordinate Judge,
Nagercoil, Camp at Kuzhithurai made in A.S.No.82 of 1996, dated
06.02.2003 pursuant to the judgment and decree dated 18.04.1996 in O.S.No.
712 of 1988 on the file of the Additional District Munsif, Kuzhithurai.
For Appellants : Mr.K.Sreekumaran Nair
For R3 to R5 : Mr.V.Muthukamatchi
For R2 and R6 : No appearance
S.A.No.1340 of 2003:
1. Varghease
2. Daniel
3. Annamma ... Appellants/Respondents/
Defendants 1 to 3
Vs.
1. Pathumma Beevi
2. Sukhara Beevi
3. Rehmath Beevi
4. Saleem
2/6
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S.A.Nos.1339 to 1341 of 2003
5. Raseena Beevi
6. Sahabdheen ... Respondents/Appellants 2 to 7
Plaintiffs 2 to 7
PRAYER: Second Appeal filed under Section 100 of C.P.C.,against the
judgment and decree of the learned II Additional Subordinate Judge,
Nagercoil, Camp at Kuzhithurai made in A.S.No.84 of 1996, dated
06.02.2003 pursuant to the judgment and decree dated 18.04.1996 in O.S.No.
686 of 1988 on the file of the Additional District Munsif, Kuzhithurai.
For Appellants : Mr.K.Sreekumaran Nair
For R2 and R6 : Mr.C.Uma Shankar
For R3 to R5 : Mr.V.Muthukamatchi
S.A.No.1341 of 2003:
1. Annamma (Died) ... 1st Appellant/Respondent/
Plaintiff
2. Varghease
3. Daniel ... Appellants 2 and 3
(Appellants 2 and 3 are brought on
record as LRs of the deceased sole
appellant vide order of this Court
dated 30.01.2024 made in C.M.P.No.
39 of 2004 in S.A.No.1341 of 2003)
3/6
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S.A.Nos.1339 to 1341 of 2003
Vs.
1. Saleem
2. Sahabdheen
3. Pathumma Beevi
4. Sukhara Beevi
5. Rehmath Beevi
6. Raseena Beevi ... Respondents/Appellants 2 to 7
Defendants 2 to 7
PRAYER: Second Appeal filed under Section 100 of C.P.C.,against the
judgment and decree of the learned II Additional Subordinate Judge,
Nagercoil, Camp at Kuzhithurai made in A.S.No.83 of 1996, dated
06.02.2003 pursuant to the judgment and decree dated 18.04.1996 in O.S.No.
512 of 1991 on the file of the Additional District Munsif, Kuzhithurai.
For Appellants : Mr.K.Sreekumaran Nair
For R1, R5 &R6 : Mr.V.Muthukamatchi
For R2 and R4 : No appearance
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S.A.Nos.1339 to 1341 of 2003
COMMONJUDGMENT
Though the respondents 1 and 2 in S.A.Nos.1339 and 1340 of 2003 and
the respondents 3 and 4 in S.A.No.1341 of 2003 passed away and several
chances have been given to implead the legal heirs of the deceased
respondents, so far steps have not been taken. Hence, these Second Appeals
are dismissed as abated. There shall be no order as to costs. Consequently
connected Miscellaneous petitions are closed.
30.06.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The II Additional Subordinate Judge,
Nagercoil, Camp at Kuzhithurai.
2. The Additional District Munsif,
Kuzhithurai.
5/6
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S.A.Nos.1339 to 1341 of 2003
R.VIJAYAKUMAR,J.
ebsi
S.A.Nos.1339 to 1341 of 2003
30.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 06:21:15 pm )
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