S.M.Zabaidha v. M.H. Mohideen Fatima
Case brief
What is this about?
Condonation of 25 days' delay in filing Second Appeal (suit for partition); CMP No. 4529 of 2024 in S.A.Sr.No.38142 of 2015, High Court of Judicature at Madras, S. Sounthar J., 02-04-2026. Filed under Order 41 Rule 3 (A) of C.P.C. Appellants S.M.Zabaidha and Tamim Ansari (counsel A.Ilayaperumal); respondents M.H. Mohideen Fatima, S.M. Mohammed Sheriff, S.M. Nizamudeen, S.M. Nasar. Deaths of respondents 1, 2 and 4 recorded 08.07.2025; appellants failed to substitute legal heirs by 18.07.2025 deadline; appeal automatically dismissed against deceased respondents; inseparable partition decree of first appellate Court confirmed; entire appeal dismissed as abated.
What did the court decide?
Since no steps were taken to bring on record the legal representatives of deceased respondents 1, 2 and 4 despite the self-contained order dated 08.07.2025, the Civil Miscellaneous Petition as well as S.A.Sr.No.38142 of 2015 stand dismissed as against respondents 1, 2 and 4.