Madras High CourtCMP/13900/2022delay condoned

H.E. Abdul Azeez v. N. Bhama

2023-02-02Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

C.M.P.Nos.13900, 13903 and 13906 of 2022 and C.M.P.No.15724 of 2021 in C.R.P.No.2067 of 2021 V.BHAVANI SUBBAROYAN, J.

C.M.P.No.13900 of 2022 has been filed to condone the delay of 2153 days in filing the petition to set aside the abatement caused due to the death of 8 th respondent in the above Civil Revision Petition. 2.C.M.P.No.13903 of 2022 has been filed to set aside the abatement caused as against the death of 8 th respondent in the above Civil Revision Petition. 3.C.M.P.No.13906 of 2022 has been filed to bring 12 th respondent on record as legal representatives of the deceased 8 th respondent in the above Civil Revision Petition.

4.It was submitted that the first respondent has laid the civil suit in O.S.178 of 2021 on 19.04.2021 on the file of the District Munsif Court, Alandur, praying for a judgment and decree declaring Partition Deed bearing Document No.3167

of 1986 dated 04.02.1987, Sale Deed bearing Document No.5173 of 2006 dated 21.09.2006, Sale Deed bearing Document No.637 of 2010 dated 27.01.2010 and Sale Deed bearing Document No.638 of 2010 dated 27.01.2010, all in the office of 11 defendant therein and for a permanent injunction restraining the defendants 1 to 10 therein from interfering with her peaceful enjoyment of the suit property.

5.Heard both sides.

6.Learned counsel for the respondents have no objection in allowing the above petitions.

7.Being satisfied with the reasons stated in the affidavits filed in support of these petitions, C.M.P.Nos.13903 and 13906 of 2022 are allowed as prayed for. C.M.P.No.13900 of 2022 is allowed on payment of cost of Rs.1,000/-. Learned counsel for the petitioner is directed to pay Rs.1,000/- on the learned counsel for the first respondent.

8.Interim order already granted by this Court is extended till then.

9.Registry is directed to carryout the necessary amendment and list the matter on 14.02.2023.

02.02.2023 pam

V.BHAVANI SUBBAROYAN, J.

Pam C.M.P.Nos.13900, 13903 and 13906 of 2022 and C.M.P.No.15724 of 2021 in C.R.P.No.2067 of 2021 02.02.2023