Dismissed

Haji S.M.Bathuruddin v. T.Madurambia Ammal

Madras HC28 Jun 2021SA/422/2009

Case brief

AI extract

What is this about?

The High Court dismissed the second appeal as abated against the deceased first respondent (plaintiff) for failure to bring legal heirs on record within the stipulated time, noting the appeal against other respondents was also dismissed as the appeal abated against the plaintiff.

What did the court decide?

Second appeal dismissed as abated; connected miscellaneous petition dismissed.

Haji S.M.Bathuruddin Vs T.Madurambia Ammal — Civil Procedure and Limitation | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 28.06.2021

¶3

CORAM

¶4

THE HONOURABLE MS.JUSTICE P.T.ASHA

¶5

Second Appeal No.422 of 2009 and M.P.No.1 of 2009

¶6

2.S.M.B.Halima (Deceased)

¶7

3.S.B.Kuthubudeen 4.S.B.Muhamed Isamil 5.S.B.Malick (Appellant 3 to 5 brought on record as LRs of the deceased 2^nd appellant vide order of Court dated 28.04.2015 made in M.P.1 to 3 of 2014 in S.A.422/09) ... Appellant

¶8

Vs.

¶9

1.T.Madurambiga Ammal Wife of A.Thiyagarjappa

¶10

2.T.D.Deenadayalappa 3.Vasantha 4.Kamala 5.Dhanalakshmi (R2 to R5 exparte in Lower Court ) ... Respondents

¶11

Prayer:- The Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 27.06.2008 in A.S.No.608 of 2005, on the file of the II Additional Judge, City Civil Court, Madras in confirming the judgment and decree dated 24.03.2005 in O.S.No.2038 of 1996, on the file of the II Assistant City Civil Judge, Madras.

¶12

For Appellants : Mr.Joseph Stalin for Mr.V.Raghavachari

¶13

For Respondents: R1 – dismissed as abated vide order

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

J U D G M E N T

¶16

(The case has been heard through video conference)

¶17

On 07.11.2019, this Court had passed the following order: “The learned counsel for the appellant is directed to

¶18

take steps to bring on record the legal representatives of the deceased 1^st respondent. If no steps are taken to bring on record the legal representatives for the deceased 1^st respondent before the next hearing, the second appeal shall stand automatically dismissed as abated as against R1.”

¶19

2.Today, C.M.P has not been numbered for bringing the legal heirs of the deceased 1^st respondent. Considering the order dated 07.11.2019, the second appeal stands dismissed as against the 1^st respondent. The 1^st respondent is the plaintiff in the suit. Considering the fact that the second appeal is abated as against the contesting 1^st respondent, the second appeal stands dismissed as abated. Consequently, the connected miscellaneous petition is also dismissed. No costs.

¶20

Sd/-

¶21

Assistant Registrar(VI)

¶22

//True copy//

¶23

Sub Assistant Registrar

¶24

kas

¶25

To.

¶26

The II Additional Judge City Civil Court Madras

¶27

The II Assistant City Civil Judge Madras

¶28

The Section Officer, VR Section, High Court, Madras.

¶29

+1cc to Mr.V.Raghavachari, Advocate SR.No.29914

¶30

S.A.No.422 of 2009 and M.P.No.1 of 2009

¶31

RSV(CO) GMY(15/07/2021)

¶32

https://hcservices.ecourts.gov.in/hcservices/

Haji S.M.Bathuruddin v. T.Madurambia Ammal

Case brief

What is this about?

What did the court decide?

Haji S.M.Bathuruddin v. T.Madurambia Ammal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Saraswathi Vs Marappa Gounder

E.Rajamanicka Mudaliyar (Deceased) Vs T.Tamaraiselvam

Natarajan Vs Devaraj Padyachi

Venugopal Vs Krishnaveni

K.Duraisamy, Vs R.Mohan

Subbaiyan(Died) Vs Naseer Ahamed (a) Haj Muhamad