Mr.A.Ghouse Mohideen And Another v. Mrs.Razia Sultana, And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 6033 of 2025 in CS No. 9 of 2025

1. Mr.A.Ghouse Mohideen S/o Late.M.G.Ahmed Jan, Flat No.3B. No.14/909, Syndicate Bank Colony, 6th Avenue, Anna Nagar West, Chennai 600 101.

2.A.Sultan Mohideen S/o Late M.G.Ahmed Jan Sahib, No.18, 4th Street, Rangaraja Puram, Saidapet, Chennai 600 015.

Applicant(s) Vs

1. Mrs.Razia Sultana W/o G.M.Nustafa Shariff, Represented by her Power Agent, Mr.G.M.Rizwan Ahmed, S/o G.M.Mustafa Shariff Both Residing at No.84/9, Aadinath Impressions, Flat No.8, 2nd Floor, 6th Main Road, Rajesh Nagar, Pallikaranai,

Chennai 600 100.

2.Mrs.Munwar Sultana W/o Late A.K.Shahin Shah, Represented by her Power Agent, Mr.Moinudeen Zayeed, S/o Late A.K.Shahin Shah, Both residing at new No.4, Kareem Mohideen Sahib Street, 8th Lane, Chinthadripet, Chennai 600 002.

3.Mr.A.J.Khaja Mohideen S/o Late M.G.Ahmed Jan, No 87, Swami Naicken Street, Chinthadripet, Chennai 600 002.

4.Mrs.Balkis Sulaiman D/o Late M.Sulaiman, No.144, Royapettah High Road, Chennai 600 014.

5.Mrs.M.Jabeen Fathima D/o Late M.Sulaiman, Old No.233, New No.144, Royapettah High Road, Royapettah, Chennai 600 014.

6.Mr.M.Saqlain Tanveer S/o Late M.Sulaiman, New No.144, Royapettah High Road, Royapettah, Chennai 600 104.

Respondent(s)

PRAYER: This application has been filed under Order XIV Rule 8 of Original Side Rules read with Section 5 of Limitation Act and Section 151 of C.P.C., to condone the delay of 236 days in filing written statement of the Second and Third Defendant.

For Applicant(s):

Mr.M.Jaikumar For Respondent:

Mr.M.Mohideen Pitchai for D1 & D2 D3-No appearance Ms.N.Sreenivassalu for D4 to D6

ORDER

This application has been filed to condone the delay of 236 days in filing written statement of the second and third Defendant.

2. According to the applicant, they are the defendants Nos.2 and 3 in the main suit. Since the first defendant has control over all the properties, they are unable to obtain the necessary details to file the written statement within time. Therefore, the applicant has filed the present application, seeking to condone the delay of 236 days in filing the written statement of the second and third defendant.

3. Heard the learned counsel for the defendants 1, 2, 4 to 6. There is no serious objection on their behalf for allowing this application.

4. Considering the reasons stated in the accompanying affidavit filed in support of this this application and taking into account the facts and circumstances of the case, this application is allowed. 03-12-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes P.DHANABAL J.

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A No. 6033 of 2025 in CS No. 9 of 2025 03-12-2025