Dismissed

Jothiammal(Died) v. Kathija Beevi

Madras HC31 Oct 2023CMP(MD)/12115/2019

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, caused to dismiss Civil Miscellaneous Petitions No.12115, 12117, and 12118 of 2019 as non-prosecution. The petitions asking to condone delay, set aside abatement, and bring parties on record were dismissed because neither the petitioner nor the respondents appeared in person or by counsel on multiple hearing dates.

What did the court decide?

Civil Miscellaneous Petitions No.12115, 12117 & 12118 of 2019 are dismissed as Non-prosecution.

Jothiammal(Died) Vs Kathija Beevi — Civil Procedure and Limitation | Madras HC (2023)

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CMP(MD) No.12115 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Tuesday, the Thirty First day of October Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mrs.Justice L. VICTORIA GOWRI

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CMP(MD) Nos.12115, 12117 & 12118 of 2019 IN CMA(MD) No.612 of 2019

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1 JOTHIAMMAL(DIED)

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DURAISAMY THEVAR,

SILAMBAYEE (DIED)

2 RAJAMANI (DIED)

3 THANGARASU

4 RANI

5 DEEPA

6 GEETHA

7 ARUN

... PETITIONERS/APPELLANTS IN ALL PETITIONS

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1 KATHIJA BEEVI

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2 KABEERIA BEEVI https://www.mhc.tn.gov.in/judis

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1/5

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CMP(MD) No.12115 of 2019

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3 SABIYA BEEVI

4 JAHUBA NISHA

JAHABDEEN (DIED)

5 FATHIMA BEEVI

6 JAFER

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7 DASLIMA BEGAM

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8 AMANULLAH

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9 MOHAMMED MEERA

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10 MOAHAMMED HANIFA (DIED)

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11 WAHAB

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12 MUMTAJ

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13 JARINA BEGAM

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14 AJIZA

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15 CHIDAMBARAM

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16 MEIYANATHA MARUDHUVAR

17 ARIF RAWTHER

18 NILLAVAR NISHA

19 NAZREEN BANU

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

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CMP(MD) No.12115 of 2019

20 KADHER MOAHIDEEN

21 CHITTAMMA BEEVI

22 VINNI @ LAKSHMI

23 RAMA MOORTHI

24 INDIRA

25 RAJALAKSHMI ...RESPONDENTS 1 TO 25/ RESPONDENTS 1 TO 25 / RESPONDENTS 1 TO 25 IN ALL PETITIONS

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26 SAMSU NISHA

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27 MOHAMMED JALIL

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28 ANISH FATHIMA ... RESPONDENTS 26 TO 28 / PROPOSED RESPONDENTS 26 TO 28 IN ALL PETITIONS

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Prayer in CMP(MD). 12115/ 2019 :

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Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 340 day in filing the petition to set aside the abaement caused the due to the death of the 10th respondent in CMA(MD). No.612/2019 on the file of this Honourable Court.

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Prayer in CMP(MD). 12117/ 2019 :

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To set aside the abaement caused the due to the death of the 10th respondent in CMA(MD). No.612/2019 on the file of this Honourable Court.

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Prayer in CMP(MD). 12118/ 2019 :

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To bring on record the proposed respondnets herein 26 to 28 as legal heirs of the deceased/10th respondent and rank them as respondents 26 to 28 in CMA(MD). No.612/2019 on the file of this Honourable Court.

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

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CMP(MD) No.12115 of 2019

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Prayer in CMA(MD). 612/ 2019 :

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Pleased to set aside the judgment in AS.No.12 of 1996 dated 30.06.2006 on the file of the Honourable Sub Judge, Pudukottai reversing the judgment and findings of Honourable District Munsif Court in OS No.423 of 1986 dated 21.02.1995 so far as remitting the matter to the trial court and allow the CMA.

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ORDER : These Civil Miscellaneous petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and the petitioner and the Respondents not appearing either in person or by an advocate in all petitions, the court made the following order:-

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When the matter was taken up for hearing on 06.10.2023, there was no representation on behalf of the petitioner. Then, the mater was listed on 30.10.2023 under the caption “For Dismissal”, however, on that day, there was no representation on behalf of the petitioner. Hence, the matter was directed to be listed today i.e., on 31.10.2023 under the caption “For Dismissal”. Even today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner.

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2.Hence, these Civil Miscellaneous Petitions are dismissed as Non-prosecution.

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Post the main case on 28.11.2023.

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sd/31/10/2023 / TRUE COPY /

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/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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CMP(MD) No.12115 of 2019

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SML TO

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1 THE SUBORDINATE JUDGE PUDUKKOTTAI. 2 THE DISTRICT MUNSIF ARANTHANGI

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ORDER IN CMP(MD) Nos.12115, 12117 & 12118 of 2019 IN CMA(MD) No.612 of 2019 Date :31/10/2023

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PKP/JGB/SAR- /10.11.2023/ 5P/ 3C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Jothiammal(Died) v. Kathija Beevi

Case brief

What is this about?

What did the court decide?

Jothiammal(Died) v. Kathija Beevi

Case brief

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What did the court decide?

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