Madras High CourtCMP(MD)/3654/2023allowed on condition

Mrs.Amjath Begum v. Ameer Sulthan (Died) 2.Mumtaj Begam

2023-04-18Honourable Mr Justice P. Velmurugan2 pages

CMP(MD). No.3654 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday,the Twenty Seventh day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD). No.3654 of 2023 in SA(MD) 154 OF 2006 Mrs.Amjath Begum ... Petitioner/Appellant Vs 1 Ameer Sulthan (Died) 2 Mumtaj Begam 3 Rafeena 4 Minor.Rajitha 5 Minor.Mohammed Rajith ... Respondent 2-5/ Respondent2-5 Prayer in CMP(MD). No.3654 of 2023 :- This Civil Miscellaneous Petition filed under section 5 of limitation Act.,to condone the delay of 20 days in filing the petition to restore the second appeal in S.A.(MD).No.154 of 2006 and thus render justice.

Prayer in SA(MD) 154 OF 2006:- This Second Appeal filed under section 100 C.P.C., to prefer against judgment and decree passed in AS No.24/2003 of the learned Sub Judge, Periyakulam allowing the appeal filed against the judgment and decree dated 27/11/2002 passed in OS no.171 of 1998 by the District Munsif, Uthamapalayam.

ORDER:- This 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 Mr.R.Suriyanarayanan, Advocate for the Petitioner, this Court made the following order: "Conditional Order passed by this Court on 18.04.2023 is complied with. cost Memo is filed. Petition Allowed. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD). No.3654 of 2023 Registry is directed to take the restore petition on file and number the same, if it is otherwise in order." Sd/- Assistant Registrar (AS) // True Copy // /05/2023 Sub Assistant Registrar(CS) MBI TO 1.The Sub Judge, Periyakulam.

2.The District Munsif, Uthamapalayam.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 27/04/2023 ==========================

ORDER

========================== CMP(MD). No.3654 of 2023 in SA(MD) 154 OF 2006 Giving direction and etc.

as stated within.

RD (30/05/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2