Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 65360

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DR. A.D. MARIA CLETE, J
Asmat Bi W/o. Thayyab Khan Sahib, Siraj S/o. Thayyab Khan Sahib, Ayisha Bi W/o. Mohammed Ali, Mohamed Ibrahim S/o. Mohamed Ali, Aminammal W/o. Meera Hussain, Barakkathunnissa W/o. Ansari, Sabira W/o. Late Musthafa, Madina Begum D/o. Late. Musthafa, Noornisa D/o. Late. Musthafa – Appellant
Versus
Nazimudeen S/o. Kadhar Basha, Sowkath Ali S/O. Ahmed Jalal, Sheikh Dawood S/O. Sowkathullah, Jaffar Ali S/O. Moideen, Mohammed Rizwan S/o. Hanasu, Ajitha Beevi W/o. (Husband's Name Not Known To The Appellants), Hassan Ali S/O. Kajakamal – Respondent
A.S.No.255 of 2020 | C.M.P.No.3187 of 2020

Advocates:
For the Appellants/Petitioners: Mr.R.Gururaj
For the Respondents: Batta due

An appeal was dismissed for default due to non-payment of process fees, leaving no issues for adjudication.

Headnote:This judgment relates to an appeal suit filed under Section 96 of the Code of Civil Procedure, challenging the judgment and decree dated 05.01.2019 in O.S.No.34 of 2014. The Court observed that due to non-payment of process fees, certain respondents have been dismissed, leading to the conclusion that no issues remain for adjudication, resulting in the appeal being dismissed for default. Subsequently, costs were not awarded, and related miscellaneous petitions were closed. The final ruling states that the appeal is dismissed for default.

Table of Content
1. failure to pay process fees led to dismissal. (Para 1)
2. no issues remain for adjudication. (Para 2)

J U D G M E N T

This case has been repeatedly listed under the caption 'Default cases' on 04.11.2025. It is seen from the records that this Court by order dated 20.02.2023 has dismissed the appeal against R2 to R5 and 7 due to non-payment of process fees. When this matter is taken up for hearing, it is seen that batta with 8 copies of memo of grounds due regarding R1, R6, R8 to R13. It is seen from the cause title that R1, R6, R8 to R13 have been given up.

2.Since the respondents R2 to R5 and 7 have already been dismissed and the respondents R1, R6, R8 to R13 have been given up , nothing survives for further adjudication in this appeal and is accordingly, dismissed for default. No costs. Consequently, the connected miscellaneous petitions, if any, shall stand closed.

10.11.2025 ay Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No To

1.The II Additional District & Sessions Judge, Chidambaram.

2.The Section Officer, V.R.Section, High Court of Madras, Chennai.

DR. A.D. MARIA CLETE, J ay

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