The Madurai Bench of the Madras High Court dismissed the Civil Miscellaneous Appeal filed under CPC Order 43 Rule 1(V) as Non-prosecution. The appellant failed to appear despite multiple listings and notices for dismissal.
Civil Miscellaneous Appeal dismissed as Non-prosecution due to the appellant's non-appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.(MD)No.612 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.612 of 2019
Jothiammal (Died)
1.Duraisamy Thevar
Silambayee (Died)
2.Rajamani
3.Thangarasu
4.Rani
5.Deepa
7.Arun
... Appellants
Vs.
1.Kathija Beevi
C.M.A.(MD)No.612 of 2019
4.Jahuba Nisha
Jahabdeen (Died) 5.Fathima Beevi 6.Jafar 7.Daslima Begam 8.Amanullah 9.Mohammed Meera 10.Mohammed Hanifa 11.Wahab 12.Mumtaj 13.Jarina Begam 14.Ajiza 15.Chidambaram
16.Meiyanatha Marudhuvar
17.Arif Rawther 18.Nillavar Nisha 19.Nazreen Banu
20.Kadher Mohaideen
21.Chittamma Beevi
22.Vinni @ Lakshmi
2/5
C.M.A.(MD)No.612 of 2019
23.Rama Moorthi
24.Indira
25.Rajalakshmi
... Respondents
(Cause title accepted vide order dated 19.11.2009 made in M.P.(MD)No.1 of 2009 in C.M.A.(MD)SR.No.45256 of 2009)
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 (V) of C.P.C., to set aside the Judgment in A.S.No.12 of 1996 dated 30.06.2006 on the file of the Sub Judge, Pudukkottai reversing the Judgment and findings of District Munsif Court, Aranthangi in O.S.No.423 of 1986 dated 21.02.1995 so far as remitting the matter to the Trial Court.
For Appellant : No appearance
For Respondents : No appearance
JUDGMENT
When the matter was taken up for hearing on 06.10.2023, there was
no representation on behalf of the appellant. Then, the matter was listed on 30.10.2023, under the caption “For Dismissal”, however, on that day, there
was no representation on behalf of the appellant. Hence, the matter was directed to be listed on 31.10.2023 under the caption “For Dismissal”. On
that day, when the matter was taken up for hearing, there was no
C.M.A.(MD)No.612 of 2019
representation on behalf of the appellant. Hence, the connected Civil Miscellaneous Petitions were dismissed on 31.10.2023 and directed to be listed today i.e., on 28.11.2023. Even today, there is no representation on behalf of the appellant.
2.Hence, this Civil Miscellaneous Appeal is dismissed as Nonprosecution. There shall be no order as to costs.
28.11.2023
NCC : Yes / No Index : Yes / No Internet : Yes Sml
To
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.612 of 2019
L.VICTORIA GOWRI, J.,
Sml
C.M.A.(MD)No.612 of 2019
28.11.2023
1 issue framed by the court
Whether the Civil Miscellaneous Appeal should be dismissed as Non-prosecution due to the absence of the appellant on multiple dates.
1 provisions across 1 enactments
Jothiammal (Died) Others
Kathija Beevi Others
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
