Makmutha Beevi v. Mohamed Meeran(Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.10644 of 2017 IN AS(MD) No.SR32381 of 2017 MAKMUTHA BEEVI ... PETITIONER / APPELLANT Vs MOHAMED MEERAN(DIED) ... 1st PLAINTIFF 1.ISMAIL MEERAN KHADER MOHAIDEEN(DIED) ...3rd PLAINTIFF 2 MASOODU AVULIYA MOHAMED ISMAIL(DIED) ... 5th PLAINTIFF 3 KANI 4 RAHAMATHULLA 5 SAHUL HAMEED S/O MOHAMED MEERAN ROWTHER 6 MAJEETHA BEGAM 7 AYISHA BANU 8 SAIYADU MAJEETHA 9 MAKMUTHAL BEEVI ABDUL RAHIM (DIED) ... 4th DEFENDANT 10 KHADER MYDEEN 11 MOHAMED SYED MASOOD 12 LIYAGATH ALI 13 MUMTAJ BEGAM, 14 A.FATHIMA 15 MASOOD BEEVI 16 A.RUKKAIA BEEVI 17 S.JAMEELA BEGAM 18 MARIYAM KHADER 19 M.SAHUL HAMEED, S/O.
MOHAMED ISMAIL 20 MOHAMED HUSSAIN 21 AHAMED MAIDEEN ... RESPONDENTS / RESPONDENTS 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 137 days in filing the appeal. https://hcservices.ecourts.gov.
PRAYER IN AS(MD) No.SR32381 of 2017:- to allow this appeal by setting aside the Preliminary Decree and Judgment passed by the IV Additional District Court, Tirunelveli in O.S.No.54/2004, dated 29.09.2016 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR D.GANDHIRAJ, Advocate for the petitioner and of Mr.S.P.MAHARAJAN, Advocate for R2, R3 and R19 to R21, and Mr.M.P.SENTHIL, Advocate for R9, and Ms.A.HAFIZA, Advocate for R11, and Respondents 1,4,5 to 8 and 12 to 18 not appeared either in person or by an Advocate, the court made the following order:- [Order of the Court was made by K.RAVICHANDRABAABU, J.] This Miscellaneous Petition has been filed seeking to condone the delay of 137 days in filing the appeal.
2. Mr.S.P.Maharajan, learned counsel, takes notice on behalf of the respondent Nos.2, 3 and 19 to 21. Mr.M.P.Senthil, learned counsel, accepts notice for the respondent No.9. Ms.A.Hafiza, learned counsel, accepts notice for the respondent No.11.
3. Though notice was ordered and served on the respondent Nos.1, 4, 5 to 8, 10 and 12 to 18, they have not chosen to appear either in person or through counsel.
4. Considering the fact that the delay is only 137 days and taking note of the fact that the respondent Nos.2, 3, 9, 11 and 19 to 21 have no serious objection to condone the delay of 137 days, this Miscellaneous Petition is allowed and the delay of 137 days in filing the appeal is condoned.
sd/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE IV ADDITIONAL DISTRICT JUDGE, TIRUNELVELI NB JAM/22/06/2018/ CM-VR /VK / 2p-2c ORDER IN CMP(MD) No.10644 of 2017 IN AS(MD) No.SR32381 of 2017 Date :18/06/2018 https://hcservices.ecourts.gov.in/hcservices/