K.Jany Basha v. Tamil Nadu Wakf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Twenty Two PRESENT THE HON`BLE MRS.JUSTICE J.NISHA BANU CMP.Nos.4238, 4240 and 4242 of 2022 in CRP(NPD).No.2743 of 2012 K.JANY BASHA (DECEASED) [PETITIONERS IN ALL THE PETITIONS] 2 NOOR MUHAMMED 3 J.NOORJAHAN 4 K.KADAR BASHA ALL RESIDING AT 13/1/B AHAMED BEK BUNGALA, B.T.C.ROAD, SAIDAPET, VELLORE- 632 012.

Vs TAMIL NADU WAKF BOARD, [RESPONDENT IN ALL THE PETITIONS] REP.BY ITS SECRETARY, NO.3, SANTHOME HIGH ROAD, MYLAPORE, MADRAS-4.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased To condone the delay of 995 days in filing the application to set aside the abatement caused due to the death of petitioner Jani Basha on 1.1.2019 (in CMP.No.4238 of 2022) and;

ii) To set aside the abatement caused due to the death of Petitioner Jani Basha on 1.1.2019 (in CMP.No.4240 of 2022) and; iii) To bring the following legal heirs of deceased petitioner Jani Basha died on 1.1.2019:

a. J.Noor Muhamed, (son), Muslim, aged 40 b. J.Noorjahan (wife) Muslim, (aged 60) c. J.Khadar Basha (son) Muslim, (aged 30) all residing at 13/1/B Ahamed Bek Bungala Street, Saidapet, Vellore 632 012 on record and thus render justice (in CMP.No.4242 of 2022).

Order : These petitions coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.V.ANANTHAKRUSHNAN, Advocate for the petitioners in all the petitions and of Respondent not appearing either in person or by an Advocate in all the petitions, the court made the following order:- The petition in CMP.No.4238 of 2022 has been filed by the petitioner to condone the delay of 995 days to file the petition to set aside the abatement caused due to the death of the petitioner, CMP.No.4240 of 2022 has been filed to set aside the abatement and CMP.No.4242 of 2022 has been filed to bring on record the legal representatives of the deceased petitioner.

2. Heard the learned counsel for the petitioner and there is no representation on behalf of the respondent.

3. Considering the reasons stated in the affidavit filed in support of the petitions and the submission made by the learned counsel for the petitioner, the delay is condoned on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the Tamil Nadu State Legal Services Authority, Chennai, within a period of two weeks from the date of receipt of a copy of this order and consequently other petitions are ordered. If the cost is not paid within the above stipulated time, all the petitions shall stand dismissed automatically without further reference to this Court. Post the matter on 26.04.2022.

-sd/- 12/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SUBORDINATE JUDGE, VELLORE, VELLORE DISTRICT.

2 THE DISTRICT MUNSIFF, VELLORE.

COPY TO THE SECRETARY, THE TAMIL NADU STATE LEGAL SERVICES AUTHORITY, HIGH COURT, CHENNAI.

Order in CMP.Nos.4238, 4240 and 4242 of 2022 in CRP(NPD).No.2743 of 2012 Date :12/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (26/04/2022) P