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Madras High CourtCMP/9185/2021allowed

A.M.Malanghu Yusuf Qadir Maricar v. Kidar Mohammed Nachiar

2025-09-25Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA CMP Nos. 9185 & 9183 of 2021 in SA NO. 951 OF 2012

1. A.M.Malanghu Yusuf Qadir Maricar S/o.Mohammed Abdul Qadir, No.67, Pudhumanai St, Nagore, Nagapattinam Dist.

Petitioner /Appellant(s) Vs

1. Kidar Mohammed Nachiar W/o.Mohammed Elahi, No.33, Kaliba Sahib St, Nagore, Nagapattinam Tk And Dist.

2.Jainambhu Ghani (died) W/o.Hameed Sultan, Nellukadai St, Nagore, Nagapattinam Tk And Dist.

3.Julaiga Nachiyar D/o.Late Jainambhu Ghani, Nellukadai St, Nagore, Nagapattinam Tk And Dist.

Respondent(s)

PRAYER in CMP.No.9185 of 2021 : To condone the delay of 459 days in filing the application to set aside the abatement of the above second appeal as against the deceased 2nd Respondent.

PRAYER in CMP.No.9183 of 2021: To set aside the abatement of the above second appeal as against the deceased 2nd Respondent. For Petitioner : Mr.Prakash Goklaney

ORDER

These Petitions have been filed condone the delay of 459 days in filing the application to set aside the abatement of the above second appeal as against the deceased 2nd Respondent and to set aside the abatement of the above second appeal as against the deceased 2nd Respondent.

2. Being satisfied with the reasons stated in the affidavit filed in support of these Petitions, the same are allowed.

25-09-2025 gsk

To 1.Kidar Mohammed Nachiar W/o.Mohammed Elahi, No.33, Kaliba Sahib St, Nagore, Nagapattinam Tk And Dist.

2.Jainambhu Ghani (died) W/o.Hameed Sultan, Nellukadai St, Nagore, Nagapattinam Tk And Dist.

3.Julaiga Nachiyar D/o.Late Jainambhu Ghani, Nellukadai St, Nagore, Nagapattinam Tk And Dist.

R.N.MANJULA J.

gsk CMP Nos. 9183 & 9185 OF 2021 in SA NO. 951 OF 2012 25-09-2025