Dismissed¶46

Jauferaysha Beevi v. a.M.v.M.v.Mohammed Madar Sahab (Died)

Madras HC25 Jul 2025SA/1399/2002

Case brief

AI extract

What is this about?

Withdrawal of second appeal: S.A.No.1399 of 2002 and Cross Obj (MD) No.7 of 2005 (Madurai Bench, Madras High Court, 25.07.2025, R. Vijayakumar, J.). Second appeal under Section 100 C.P.C. against reversal by the Additional District Judge, Ramanathapuram in A.S.No.1 of 2000 of the Subordinate Judge, Ramanathapuram's decree in O.S.No.33 of 1995; cross objection under Order 41 Rule 22 CPC. Dismissed as withdrawn on appellant's letter citing amicable out-of-court settlement; cross objection closed; no costs; refund of court fee directed. No merits decided; no case law discussed.

What did the court decide?

Second Appeal dismissed as withdrawn; connected Cross Objection (MD) No.7 of 2005 closed; no order as to costs; Registry directed to refund the Court fee to the appellant in view of the out-of-court settlement. ¶46

Jauferaysha Beevi Vs a.M.v.M.v.Mohammed Madar Sahab (Died) — Madras HC (2025) — LawSathi Research

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S.A.No.1399 of 2002 and Cross Obj (MD) No.7 of 2005

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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S.A.No.1399 of 2002 and Cross Obj.(MD) No.7 of 2005

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S.A.No.1399 of 2002:

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Jauferaysha Beevi

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... Appellant/1^st Respondent Plaintiff

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Vs.

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A.M.V.M.V. Mohammed Madar Saheb (Died) ... 1^st Respondent/Appellant/ 2^nd Defendant

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Ayished Jaseela

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... 2^nd Respondent/2^nd Respondent/ 1^st Defendant

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Badurinnisha Beevi

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Yasar Arafath

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Vappa Sahib Maraikayar

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Syed Abdul Kader

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... Proposed Respondents

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(Respondents 3 to 6 are brought on record as LRS of the deceased 1^st Respondent vide order of this Court dated 01.12.2021 made in MP(MD) Nos. 1 to 3 of 2009 in S.A.No.1399 of 2002)

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1/5

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

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S.A.No.1399 of 2002 and Cross Obj (MD) No.7 of 2005

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PRAYER: Second Appeal is filed under Section 100 of C.P.C., against the decree and judgment dated 21.05.2002 made in A.S.No.1 of 2000 on the file of the Additional District Judge, Ramanathapuram, reversing the well considered judgment and decree dated 29.10.1999 made in O.S.No.33 of 1995 on the file of the Subordinate Judge, Ramanathapuram.

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For Appellant :Mr.S.Vellaichamy for M.V.Venkataseshan

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For Respondents : No appearance

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Cros Objection (MD)No.7 of 2005:

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A.S.V.M.V. Mohammed Madar Saheb (Died) ... Cross Objector/1^st Respondent

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Badurinnisha Beevi

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Yasar Arafath

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Vappa Sahib Maraikayar

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Syed Abdul Kader ... Proposed Cross Objectors

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(Cross Objectors 2 to 5 are brought on record as LRS of the deceased Cross Objector vide order of this Court dated 01.12.2021 made in MP(MD) Nos. 1 to 3 of 2009 in S.A.No.1399 of 2002)

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2/5

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

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S.A.No.1399 of 2002 and Cross Obj (MD) No.7 of 2005

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-Vs-

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1. Jaufer Aysha Beevi

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Ayished Jaseela ... Respondents

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PRAYER: Cross Objection filed under Order 41 Rule 22 of Civil Procedure Code, to set aside the findings rendered in A.S.No.1 of 2000 on the file of the Additional District Judge-cum- Chief Judicial Magistrate, Ramanathapuram, dated 21.05.2002 and grant a decree in favour of the Cross Objector in the above Second Appeal.

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For Cross Objectors : No appearance For R1 : Mr.S.Vellaichamy For M.V.Venkataseshan

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C O M M O N J U D G M E N T

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The learned counsel appearing for the appellant in the second appeal has circulated a letter to the Registry to the effect that the appellant would like to withdraw the Second Appeal and he is accompanied by the letter of the party indicating that they have amicably settled the matter out of Court.

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3/5

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

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S.A.No.1399 of 2002 and Cross Obj (MD) No.7 of 2005

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2. Hence, this Second Appeal stands dismissed as withdrawn.

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Consequently connected Cross Objection stands closed. There shall be no order as to costs.

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