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2025 DAILYLAW 168024 (MAD)

ANNAMMA(Died) v. PATHUMMA BEEVI,

SA/1339/2003 · 2025-06-30

R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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: 1. Annamma (Died) ... 1st Appellant/Respondent/ Plaintiff 2. Varghease 3. Daniel ... 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. Pathumma Beevi 2. Sukhara Beevi 3. Rehmath Beevi 4. Saleem 1/6 https://www.mhc.tn.gov.in/judis 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: 1. Varghease 2. Daniel 3. Annamma ... Appellants/Respondents/ Defendants 1 to 3 Vs. 1. Pathumma Beevi 2. Sukhara Beevi 3. Rehmath Beevi 4. Saleem 2/6 https://www.mhc.tn.gov.in/judis 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: 1. Annamma (Died) ... 1st Appellant/Respondent/ Plaintiff 2. Varghease 3. Daniel ... 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) 3/6 https://www.mhc.tn.gov.in/judis S.A.Nos.1339 to 1341 of 2003 Vs. 1. Saleem 2. Sahabdheen 3. Pathumma Beevi 4. Sukhara Beevi 5. Rehmath Beevi 6. Raseena Beevi ... 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 4/6 https://www.mhc.tn.gov.in/judis 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 1. The II Additional Subordinate Judge, Nagercoil, Camp at Kuzhithurai. 2. The Additional District Munsif, Kuzhithurai. 5/6 https://www.mhc.tn.gov.in/judis S.A.Nos.1339 to 1341 of 2003 R.VIJAYAKUMAR,J. ebsi S.A.Nos.1339 to 1341 of 2003 30.06.2025 6/6 https://www.mhc.tn.gov.in/judis