Madras High CourtCRP/3245/2009dismissed

Syed Ahmed Hussain v. Mazrunnissa

2022-12-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2009 Syed Ahmed Hussain ..

Petitioner in both C.R.Ps Vs.

1. Mazrunnissa

2. Mukrunnissa (deced)

3. Rahmath Bi

4. Arulmigu Ekambareswarar Devasthanam Represented by its Executive Officer, Amjikarai, Chennai-29.

5. Mohammed Gousar

6. Laiqaunnissa

7. Gowhar Begum

8. Naimur Rahman

9. Khurshid Begum

10. Munwari Begum

11. Sajida Begum

12. Farida Begum

13. A.Jeelan Basha ..

Respondents in both C.R.Ps Common Prayer :- Civil Revision Petitions filed under Section 115 of CPC to allow the above CRP by setting aside the orders of dismissal passed by the learned Appellate Fast Track Court-II, Chennai, dated 21.04.2009 in C.M.P.Nos.21 and 22 of 2008 in A.S.No.412 of 2005.

In both C.R.Ps For Petitioner : No appearance For Respondents R1, R3, R6 to R9 R11 to R13 : Dismissed vide Court order dated 02.08.2018 R2 : Died (vide EB) R4 and R5 : No appearance R10 : Died (steps due) COMMON ORDER These Civil Revision Petitions have been filed as against the order dated 21.04.2009 passed in C.M.P.Nos.21 and 22 of 2008 in A.S.No.412 of 2005, on the file of the learned Appellate Fast Track Court-II, Chennai, thereby dismissed the petitions to condone the delay of 708 days and to implead the legal representatives of the deceased respondents.

2. A perusal of the affidavit filed in support of the condone delay petition, the petitioner stated that due to negligence, there was delay in 708 days in filing the petition. Except the said reason, no other reason was stated by the petitioner.

3. Therefore, the Court below rightly dismissed the applications

filed by the petitioner and this Court finds no infirmity or illegality in the orders passed by the Court below. Accordingly, these Civil Revision Petitions are dismissed. Consequently, connected Miscellaneous petition is closed. No costs.

22.12.2022 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No mn G.K.ILANTHIRAIYAN,J.

mn To The Appellate Fast Track Court-II, Chennai.

and M.P.No.1 of 2009 22.12.2022