Madras High CourtCMP(MD)/3680/2016dismissed for nonprosecution

S.Nazeer Ahamed, (Died) v. A.Abdul Rahim Sahib (Died)

2017-12-11Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eleventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.3680 to 3683 of 2016 IN CRP NPD(MD) No.591 of 2005 1 S.NAZEER AHAMED, (DIED) 2 JALEEL AHAMED 3 S.SIRAJ AHAMED (DIED) 4 S.SHAFEE AHAMED 5 S.KHALEEL AHAMED 6 S.DHAYA UNNISSA (DIED) 7 N.REHANA (35/16) 8 J.JABIN (33/16) 9 N.JAMEER AHAMED 10 RAFEES AHAMED 11 MUBARK AHAMED 12 SAHEEL AHAMED 13 SADIQ AHAMED, 14 SULTANAR BANU 15 USINA BANU ... PETITIONERS/ PROPOSED PETITIONERS 7 to 15 in all the petitions Vs 1 A.ABDUL RAHIM SAHIB (DIED) 2 MR.SOWKATH HUSSAIN 3 HAZRATH HUSSAIN SHA., BANDARI DURGA, REP BY ITS HEREDITARY, TRUSTEE MR.ABDUL RAHIM (DIED), NOW REP BY ITS TRUSTEE, M.JAFFER BAI ... RESPONDENTS / RESPONDENTS in all the petitions PRAYER IN CMP(MD)No.

3680/2016:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1554 days in filing the petition to bring on the legal representatives of the deceased 1st petitioner namely S.Nazeer Ahamed.

Prayer in CMP(MD). 3681/ 2016 :

To set aside the abatement caused due to the death of the 1st Petitioner namely S.Nazeer Ahamed.

https://hcservices.ecourts.gov.in/hcservices/ Prayer in CMP(MD). 3682/ 2016 :

To bring on the legal representatives of the deceased 1st

Petitioner namely Nazeer Ahamed as proposed 7 to9 petitioners. Prayer in CMP(MD). 3683/ 2016 :

To bring on the legal representatives of the deceased 3rd Petitioner namely Siraj Ahame as proposed 10 to 15 Petitioners. PRAYER IN CRP NPD(MD) No.591 of 2005:- to admit and allow the Civil Revision Petition setaside the Decree and Judgment in O.S.No.2149 of 1996 dated 19.10.2004 on the file of the Principal District Munsif Court, Tiruchirapalli Decree the suit as prayed for with costs throughout and pass such further or other orders as this Hon'ble Court.

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.R.DEVARAJ, Advocate for R3, in all the petitions, and the petitioners not appeared either in person or by an Advocate, the court made the following order:- When the CMPS were taken up for hearing on 04.12.2017 there was no representation on behalf of the petitioners. Therefore, the matters were directed to be listed today under the caption for dismissal. Today, when the matters are taken up for hearing, there is no representation on behalf of the petitioners. Hence, the CMPs are dismissed for non prosecution.

sd/- 11/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT MUNSIF, TIRUCHIRAPPALLI JAM/14.12.17/RR/ SAR 2/ 2p-2c

ORDER

IN CMP(MD) Nos.3680 to 3683 of 2016 IN CRP NPD(MD) No.591 of 2005 Date :11/12/2017 https://hcservices.ecourts.gov.in/hcservices/