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Syed Yusuf(Died),1.S.Nasima Bee Vs Thagirunissa — Madras HC (2026) — LawSathi Research

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Madras HC
2026
Syed Yusuf(Died),1.S.Nasima Bee Vs ThagirunissaSyed Yusuf(Died),1.S.Nasima Bee v. Thagirunissa

Dismissed¶44

Syed Yusuf(Died),1.S.Nasima Bee v. Thagirunissa

Madras HC2 Feb 2026SA/359/2025

Case brief

AI extract

What is this about?

Second appeal dismissed for non-prosecution (no merits adjudicated). Appellants: heirs of the late Syed Yusuf - S.Nasima Bee, S. Syed Valiyullah, Anargali, S. Syed Ali, Thairunnisha, S. Askar Ali, S. Kamurinisha and Thagirunissa; respondent/plaintiff unnamed in the reported text (counsel: Mr.B.Manokaran). Challenge was to the decree in O.S.No.14/2008 (District Munsiff cum Judicial Magistrate Court, Kattumannarkoil, dated 03-03-2017) as confirmed in A.S.No.55/2020 (II Additional District Court, Chidambaram, dated 31-07-2023). Recorded that possession of the suit property was taken over by the respondent/plaintiff and the Execution Petition proceedings were terminated. No costs; pending petitions closed. Bench: T.V. ThamilSelvi J.; decision date 02-02-2026.

What did the court decide?

None; the second appeal was dismissed for non-prosecution with no costs, and pending petition(s), if any, were closed.

Why is it important?

The second appeal is dismissed for non-prosecution: appellant counsel sought adjournment at three hearings and did not pursue the case further, there was no representation for the appellant when the matter was called, and dismissal follows in the light of the subsequent development before the executing Court. ¶43

What the court decided

AI extract

Outcome

None; the second appeal was dismissed for non-prosecution with no costs, and pending petition(s), if any, were closed.

Ratio / Principle

The second appeal is dismissed for non-prosecution: appellant counsel sought adjournment at three hearings and did not pursue the case further, there was no representation for the appellant when the matter was called, and dismissal follows in the light of the subsequent development before the executing Court.

Key takeaways

Disposition: this second appeal is dismissed for non-prosecution, with no costs, and pending petition(s), if any, are closed.ratio¶44

Detailed headnote1 paragraphs

Madras High Court (T.V. ThamilSelvi J., 02-02-2026) dismissed Second Appeal SA No. 359 of 2025 for non-prosecution. The appeal sought to set aside the judgment and decree dated 03-03-2017 in O.S.No.14/2008 on the file of the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil, as confirmed in A.S.No.55/2020 dated 31-07-2023 by the II Additional District Court at Chidambaram. The docket sheet showed the appellant's counsel had sought adjournment at three hearings without pursuing the case, and there was no representation when the matter was called. Counsel for the respondent/plaintiff submitted that possession of the suit property had been taken over by the respondent/plaintiff and that the Execution Petition proceedings stood terminated; the Court recorded this submission and, citing it together with the non-prosecution, dismissed the appeal with no costs and closed pending petitions. No issue of law or fact on the merits was adjudicated; no statutes or precedents were cited.

A

SA No. 359 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI SA No. 359 of 2025

Syed Yusuf(Died),1.S.Nasima Bee W/o. Syed Yusuf(late), Muslim Street, udaiyarkudi, Kattumannarkoil-Taluk, Cuddalore District

S. Syed Valiyullah

S/o. Syed Yousuf, (late), Muslim St, Udayarkudi, Kattumannarkoil Taluk, Cuddalore Dt.

3. Anargali

D/o. Syed Yousuf, (late), Muslim St, Udayarkudi, Kattumannarkoil Taluk, Cuddalore Dt.

4. S. Syed Ali

S/o. Syed Yousuf, (late), Muslim St, Udayarkudi, Kattumannarkoil Taluk, Cuddalore Dt.

5. Thairunnisha

D/o. Syed Yousuf, (late), Muslim St, Udayarkudi, Kattumannarkoil Taluk, Cuddalore Dt.

6. S. Askar Ali

S/o. Syed Yousuf, (late), Muslim St, Udayarkudi, Kattumannarkoil Taluk, Cuddalore Dt.

7. S. Kamurinisha

D/o. Syed Yousuf, (late), Muslim St, Udayarkudi, Kattumannarkoil Taluk, Cuddalore Dt.

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

SA No. 359 of 2025

Thagirunissa

Thagirunissa W/o. Ussainkhan, Muslim Street, Udaiyarkudi, Kattumannarkoil-Taluk, Cuddalore District

Vs

Appellant(s)

Respondent(s)

SA No. 359 of 2025

PRAYER

To set aside the judgment and decree as made in O.S.No.14/2008 dated 03-032017 on the file of the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil as confirmed in A.S.No.55/2020 dated 31-07-2023 on the file of the II Additional District Court at Chidambaram and thus render justice.

SA No. 359 of 2025

For Appellant(s): MR.M.Arumugam For Respondent(s): Mr.B.Manokaran

ORDER

This Second Appeal has been filed to set aside the judgment and decree

dated 03-03-2017 passed by the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil in O.S.No.14/2008 confirmed by the II Additional District

Court at Chidambaram in A.S.No.55/2020 dated 31-07-2023.

one appeared for the appellant.

The learned counsel appearing for the respondent/plaintiff submit that

possession of the suit property was taken over by the respondent/plaintiff and

Execution Petition proceedings was terminated.

The above submission is recorded.

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

SA No. 359 of 2025

However, a perusal of docket sheet in the second appeal shows that the

appellant counsel sought adjournment for three hearings and not pursuing the case further. Even today when the matter is called there is no representation for the appellant. Hence, due to non prosecution and in the light of the subsequent

development before the executing Court, this second appeal is dismissed for non prosecution. No Costs. Pending petition(s), if any, is/are closed.

02-02-2026

pbl

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

To

The District Munsiff cum Judicial Magistrate Court at Kattumannarkoil.

The II Additional District Court at Chidambaram.

The Section Officer, V. R Section, High Court, Madras.

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

SA No. 359 of 2025

T.V.THAMILSELVI J. pbl

SA No. 359 of 2025

02-02-2026

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

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 03-03-2017 in O.S.No.14/2008 passed by the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil, as confirmed in A.S.No.55/2020 dated 31-07-2023 by the II Additional District Court at Chidambaram.¶28
II Additional District Court at Chidambaram · 31-07-2023
Prior proceeding
Original suit O.S.No.14/2008 before the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil; judgment and decree dated 03-03-2017.¶33
Prior proceeding
First appeal A.S.No.55/2020 before the II Additional District Court at Chidambaram; the trial judgment and decree were confirmed on 31-07-2023.¶34
Prior proceeding
Subsequent development during pendency of the second appeal: the respondent/plaintiff took possession of the suit property and the Execution Petition proceedings were terminated (submission of learned counsel for the respondent, recorded by the Court).¶38

Parties & counsel

AI extract

appellant
Syed Yusuf(Died)¶6
MR.M.Arumugam
appellant
S.Nasima Bee¶6
appellant
S. Syed Valiyullah¶7
appellant
Anargali¶9
appellant
S. Syed Ali¶11
appellant
Thairunnisha¶13
appellant
S. Askar Ali¶15
appellant
S. Kamurinisha¶17
appellant
Thagirunissa¶22
respondent
¶30
Mr.B.Manokaran

Coram

AI extract

T.V. ThamilSelviauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 2 Feb 2026 · February
Registered: 25 Apr 2025
Case no.: SA/359/2025
CNR: HCMA011538002023
Bench: T.v.thamilselvi
Disposal: DISMISSED
Case type: SA

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Cite this judgement

Syed Yusuf(Died),1.S.Nasima Bee v. Thagirunissa, SA/359/2025 (MAD), decided on 2 February 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Judgment and decree dated 03-03-2017 in O.S.No.14/2008 passed by the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil, as confirmed in A.S.No.55/2020 dated 31-07-2023 by the II Additional District Court at Chidambaram.II Additional District Court at Chidambaram · 31-07-2023
Original suit O.S.No.14/2008 before the District Munsiff cum Judicial Magistrate Court at Kattumannarkoil; judgment and decree dated 03-03-2017.
First appeal A.S.No.55/2020 before the II Additional District Court at Chidambaram; the trial judgment and decree were confirmed on 31-07-2023.

View full history

Bench / Coram

T.V. ThamilSelvi

Parties & counsel