Dismissed¶44

Imithiaz v. Ameena Bi

Madras HC15 Jun 2026SA/1859/1998

Case brief

AI extract

What is this about?

Second appeal dismissed for non-prosecution; appellants called absent; counsel (G.Sathish representing D.Shivakumaran) reported no instructions; filed under Section 100 of C.P.C; S.A.No.1859 of 1998; High Court of Judicature at Madras; decision dated 15.06.2026; impugned decree A.S.No.43 of 1987 (III Additional District Judge, Dharmapuri at Krishnagiri) confirming O.S.No.312 of 1981 (District Munsif Court, Krishnagiri); no costs; no cases cited; no issues adjudicated; respondent 2 deceased.

What did the court decide?

The Second Appeal is dismissed for non-prosecution, the Appellants having been called absent with no representation on their behalf; no costs awarded. ¶44

Imithiaz Vs Ameena Bi — Madras HC (2026) — LawSathi Research

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S.A.No.1859 of 1998

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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 15.06.2026

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Coram:

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THE HON'BLE MR.JUSTICE R.SAKTHIVEL

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S.A.No.1859 of 1998

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1.Imithiaz

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2.Alimullah Khan

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3.Saleema

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4.Kalimullah Khan

5.Shakeela

6.Farida

7.Karimullah Khan

8.Munni

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9.Karamathulla Khan

10.Subedha

...Appellants

Versus

1.Ameena Bi

2.Walima Bi

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3.Abida Bi

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4.Rahmath Bi

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5.Purannuddin Sahib

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1/4

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

S.A.No.1859 of 1998

6.Mohammed Khan

7.Akhtar Jan

8.Begum Jan

9.Fathima

10.Rasheed Khan

...Respondents

Prayer: This Second Appeal has been filed under Section 100 of C.P.C against the Judgment and Decree dated 30.04.1996 in A.S.No.43 of 1987 on the file of the III Additional District Judge, Dharmapuri at Krishnagiri confirming the Judgment and Decree dated 31.12.1985 in O.S.No.312 of 1981 on the file of the District Munsif Court, Krishnagiri.

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For Appellants : No Appearance For Respondents – 1, 3 & 4 to 10 : No Appearance For Respondent – 2 : Died

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JUDGMENT

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On 02.06.2026, when this Second Appeal was taken up for consideration, Mr.G.Sathish representing Mr.D.Shivakumaran, Counsel on

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record for the Appellants reported before this Court that he has no instructions from the Appellants. Therefore, this Court directed the Registry

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to print the names of the Appellants in the Cause List on the next hearing date and list this Second Appeal on 09.06.2026.

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2/4

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

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S.A.No.1859 of 1998

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Accordingly, on 09.06.2026, this Second Appeal was listed and the

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names of the Appellants were printed in the Cause List. However, on the said date, there was no representation on behalf of the Appellants as well as the Respondents 4 to 10. Therefore, this Court directed the Registry to print the names of the Respondents 4 to 10 and their Counsel on record in the Cause List on the next hearing date i.e., on 15.06.2026.

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Today, this Second Appeal has been listed and the names of the

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Respondents 4 to 10 and their Counsel on record have been printed in the Cause List. Even today, when the matter is called, there is no representation on behalf of the Appellants. The Appellants are called absent. Hence, this Second Appeal is dismissed for non-prosecution. No costs.

15.06.2026

mrr

Index: Yes/No