Madras High CourtCMP(MD)/2701/2022allowed on condition

Pathuhu Chinna Ibrahim, v. Malick Feroz Khan,

2023-07-04Honourable Mr Justice P. Velmurugan2 pages

CMP(MD). No.2701 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fourth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD). No.2701 of 2022 IN SA(MD)599 of 2022 Pathuhu Chinna Ibrahim ... Petitioner/Appellant Vs 1 Malick Feroz Khan, 2 Ravoof Mister, 3 M.K. Shamsuddin, ... Respondent/Respondent Prayer in CMP(MD). No.2701 of 2022:- Civil Miscellaneous Petition filed under 41 Rule 19 of the C.P.C. To set aside dismissal order dated 15.09.2021 for nonprosecution in S.A. (MD). No. 599 of 2006 and restore the appeal on the file of this court and thus render justice. Prayer in SA(MD). No.

80 of 2016:- This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 against the Judgment and Decree of the Court of the Principal District Judge, virudhunager dated 25.11.2003 passed in A.S.No.31 of 2001 confirming the Judgment and Decree of the Court of the Subordinate judge, Srivilliputtur dated 12.02.2001 passed in O.S. No.84of 1997 ORDER:- This Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Ms. R. Ramadurai, Advocate for the Petitioner and of Ms. M. Thirunavukkarasu, Advocate for the 3rd respondent(s), this Court made the following order: This application is filed to set aside the order of dismissal passed by this Court, dated 15.09.2021.

Second respondent died and no steps have been taken to bring the legal representatives of the deceased second respondent and therefore, this petition is dismissed as abated as against the second respondent.

2. Though the reasons stated in the accompanying affidavit filed in support of the Petition are not satisfied, however, in order to give an opportunity to the appellant to prosecute the appeal, this petition is ordered with regard to the respondents 1 & 3 on condition that the petitioner shall deposit a sum of https://www.mhc.tn.gov.in/judis 1/2

CMP(MD). No.2701 of 2022 Rs.10,000/- (Rupees Ten Thousand only) towards costs before the Registry to the credit of C.M.P(MD)No.2701 of 2022, within 10 days, provided, on or before 13.07.2023 and on deposit of the same, the petition shall stand allowed, failing which, the Petition shall stand automatically dismissed without further reference to this Court.

3.List the matter on 14.07.2023 for filing compliance report. Sd/- Assistant Registrar (CS-II) // True Copy // /07/2023 Sub Assistant Registrar(CS) am TO 1.The Principal District Judge, Virudhunagar.

2.The Subordinate judge, Srivilliputtur.

Copy to:

1. The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

3. The Sub Assistant Registrar, A.E.Section, Madurai Bench of Madras High Court, Madurai.

4. The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai. ORDER DATED : 04/07/2023 ==========================

ORDER

========================== CMP(MD). No.2701 of 2022 Giving direction and etc.

as stated within.

RD(10/07/2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2