Mohammed Ali, v. Mohammed Hanafi
Case brief
What is this about?
Second appeal dismissed as abated due to death of the sole appellant and inability to obtain instructions, granting liberty to restore the appeal.
What did the court decide?
Second appeal stands dismissed as abated; liberty granted to restore the appeal.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.11.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
S.A.No.387 of 2005 C.M.P.No.6344 of 2005
Mohammed Ali .. Appellant/Defendant
vs
1. Mohammed Hanafi
2. Ismath Bivi
3. A.Rajendran
4. R.Lakshmi .. Respondents/Plaintiff & Defendants 2 7 3
Prayer: Second Appeal filed under Section 100 of the Code of
Civil Procedure Code against the Judgment decree dated
28.01.2005 made in A.S.53 of 2004 on the file of the District
Court at Nagapattinam reversing the judgment and decree dated
05.04.2004 made is O.S.303 of 2000 on the file of the
subordinate Court at Tiruvarur.
For Appellant : Mr. Srinath Sridevan
For Respondents : Mr.J.Ram for R1 & R2
No appearance for R3 & R4
JUDGMENT
The learned counsel for the appellant made a submission that the sole appellant passed away and the counsel is unable to get instructions to proceed with the case.
- The learned counsel appearing on behalf of the respondents 1 & 2 brought to the notice of this Court that the issues between the parties had already been settled and therefore, no further adjudication is required in respect of the grounds raised in the present second appeal.
- In view of the said submission, this Court is of an opinion that no purpose would be served in keeping present second appeal pending for any further.
Parties & counsel
- appellant
Mohammed Ali
- respondent
Mohammed Hanafi
- respondent
Ismath Bivi
- respondent
A.Rajendran
- respondent
R.Lakshmi
Case details
As recorded by the court registry
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