Zaibunnisa v. E.S.Pappathi@Sirajunnisa Beevi (Died) 2.E.S.M.P.Kaleel

CMP(MD) NO. 3444 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-11-2025 CORAM THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR CMP(MD) NO. 3444 of 2023 AND CMP(MD) NO. 3446 OF 2023,CMP(MD) NO. 3445 OF 2023,AS(MD) NO. 56 OF 2013 and CMP(MD) No.16818 of 2025

¶1ZAIBUNNISA W/o.Zabarulla Malik No.10 Sarangapani South Street Kumbakonam Petitioner(s) in all applications Vs

¶1E.S.Pappathi@sirajunnisa Beevi (died) 2.E.S.M.P.Kaleel S/o.E.S.Packir Mohamed Mydeen Mahal No.21 Pidarikulam Road Kumbakonam Town and Munsif.

¶2E.S.M.P.Kaleel S/o.E.S.Packir Mohamed Mydeen Mahal No.21 Pidarikulam Road Kumbakonam Town and Munsif.

¶3Ummarunnisa W/o.Abdul Hameed II Cross Rainbow Nagar Pondicherry Town and Munsifi.

¶4Raziya Beevi W/o.Abdul Hameed II Cross Rainbow Nagar Pondicherry Town and Munsifi.

¶5Fathima Beevi W/o.Dr.Halid No.8 V.O.C.Nagar Thanjavur Town and Munsifi.

¶6Baby @ Jaina Beevi W/o.Dr.Jainalavudeen Azad Road Gandhi Nagar Madurai Town and Munsif.

¶7Raziya Banu W/o.Late.ES.M.PAckir Mohammed Mydeen Hall No.21 Pidarikulam Road Kumbakonam Town and Munsifi.

¶8Sabiya Banu W/o.Mohammed Liyas Mydeen Hall No.21 Pidarikulam Road Kumbakonam Town and Munsifi.

¶9Wahida Banu W/o.Sheik Dawood Mydeen Hall No.21 Pidarikulam Road Kumbakonam Town and Munsifi.

¶10Nazima Banu W/o.Majibar Rahman Mydeen Hall No.21 Pidarikulam Road Kumbakonam Town and Munsifi.

¶11T.Mohamed Iqbal S/o.M.Tajudeen Taj Trading 116 Kamaraj Road Kumbakonam.

¶12K.Khaja Mydeen

(died)

¶13M.Sahida W/o.Mohamed Batcha No.B-84 4th Main Road Anna Nagar Madras - 40.

¶14T.M.Tajudeen

(died)

¶15Fairoz Banu W/o.Jawahar Kalifulla Kellis Chennai - 600 010.

¶16T.Jabarullah S/o.Tajudeen 53-A Kamakshi Josier Street Kumbakonam - 612 001 Thanjavur District.

¶17T.Haji Mohammed

(died)

¶18Alaudeen S/o.Rajmohamed No.756 Krishthudhass Nagar Kumbakonam.

¶19Zakira W/o.T.Khaja Mydeen No.71 Sarangapani Sannathi Street Kumbakonam Thanjavur District.

¶20Sheefa D/o.T.Khaja Mydeen No.71 Sarangapani Sannathi Street Kumbakonam Thanjavur District.

¶21Azkar W/o.T.Haji Mohammed Flat No.A4 4th Floor Anaikatti Maidhanam Beema Nagar Trichy.

¶22Shreem D/o.T.Haji Mohammed Flat No.A4 4th Floor Anaikatti Maidhanam Beema Nagar Trichy.

¶23Shahina D/o.T.Haji Mohammed Flat No.A4 4th Floor Anaikatti Maidhanam Beema Nagar Trichy.

¶24Fahim S/o.T.Haji Mohammed Flat No.A4 4th Floor Anaikatti Maidhanam Beema Nagar Trichy. Respondent(s) CMP(MD) NO. 3446 of 2023 ZAIBUNNISA W/o.Zabarulla Malik No.10,Sarangapani South Street Kumbakonam Appellant(s) Vs E.S.Pappathi@sirajunnisa Beevi (died) 2.E.S.M.P.Kaleel W/o.Zabarulla Malik No.10 Sarangapani South Street Kumbakonam and another Respondent(s) CMP(MD) NO. 3445 of 2023 ZAIBUNNISA W/o.Zabarulla Malik No.10,Sarangapani South Street Kumbakonam Appellant(s) Vs E.S.Pappathi@sirajunnisa Beevi (died) 2.E.S.M.P.Kaleel W/o.Zabarulla Malik No.10 Sarangapani South Street Kumbakonam and another Respondent(s) For Petitioner(s): M/s. MRS.Prabhu Prayer: To condone the delay of 570 days in set aside the abatement caused due to the death of 17th respondent in the above appeal. COMMON ORDER (Order of the Court was made by C.V.Karthikeyan J.) These three applications had been filed to condone the delay of 570 days in filing the application to set aside the abatement caused due to the death of the 17th respondent, to set aside the abatement and to bring on record his legal representatives as respondents 21 to 24.

¶2Notice had been directed to the respondents. It then transpired that notice could not be effected on R23. Therefore, CMP(MD) No.16818/2025 had been filed to effect substituted service on R23 by order dated 16.10.2025. We had directed paper publication to be effected in Malaimalar having circulation in Trichy for R23. Proof has now been filed today, but, however, effecting service in Dinamalar having circulation in Trichy for the hearing date today/24.11.2025. The name of R23 is printed in the cause list.

¶3Service had been completed on all the respondents. There has been no appearance on behalf of the respondents.

¶4In the affidavit filed in support of these petitions, it had been contended that R17 had died on 01.06.2019. Thereafter, it had been contended that steps had not been taken, since the petitioner had undergone abdominal surgery, suffered from diabetes, knee pain in both legs and other old age related complaints.

¶5Taking these factors into consideration, these three applications are allowed. Registry to carry out necessary amendment, record the death of the 17th respondent and bring on record his legal representatives as R21 to R24. Consequently, CMP(MD) No.16818/2025 is closed, since paper publication had been effected. (C.V.KARTHIKEYAN J.) (R.VIJAYAKUMAR J.) 24-11-2025 RR