Three second appeals against decrees in suits concerning property were dismissed as abated because the plaintiffs-appellants failed to implead legal heirs of deceased respondents despite repeated opportunities. Connected miscellaneous petitions closed, no order as to costs.
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.
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:
... 1st Appellant/Respondent/ Plaintiff
... 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.
1/6
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:
Vs.
2/6
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:
... 1st Appellant/Respondent/ Plaintiff
... 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)
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S.A.Nos.1339 to 1341 of 2003
Vs.
1. Saleem
2. Sahabdheen
... 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
C O M M O N J U D G M E N T
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
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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
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1 provisions across 1 enactments
Annamma (Died)
Varghease
Daniel
Pathumma Beevi
Sukhara Beevi
Rehmath Beevi
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
