Madras High CourtCMP(MD)/1895/2019allowed

M.Abdul Hameed v. M.Rahamath Beevi

2023-06-22Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.1895 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.1895 of 2019 IN SA(MD) No.665 of 2009 1 M.ABDUL HAMEED 2 MEHAR BANU ... PETITIONERS/APPELLANTS Vs 1 M.RAHAMATH BEEVI (DIED) 2 M.ABDUL AJEES (DIED) 3 M.ABDUL RAHMAN (DIED) 4 M.ABDUL KADHER 5 M.AYISHA BEEVI 6 M.AHAMATHU MOHAIDEEN 7 M.PEER DIVAN MYDEEN 8 P.DHANRAJ ... RESPONDENTS 1 TO 8/RESPONDENTS 1 TO 8 9 A.MUMTAJ BEGUM 10 A.MOHAMMED MEERANKANI ... RESPONDENTS 9 & 10 /PROPOSED RESPONDENTS 9 & 10 11 A.KATHIJA BEGUM 12 A.NAJIMA PARVEEN 13 A.NADHEERA SHAMEEM ... RESPONDENTS 11 TO 13 /PROPOSED RESPONDENTS 11 TO 13 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 2680 days in filing the application seeking to set aside the abatement caused due to the death of 3rd respondent viz., M.Abdul Rahman in the above Second Appeal. PRAYER IN SA.665/2009 :

To prefer this memorandum of Second Appeal against the Judgment and Decree passed in A.S.No.67 of 2006 on the file of the Learned Principal District Judge, Tirunelveli dated 27.06.2007 reversing the Judgment and Decree passed in O.S.No.40 of 2004 on the file of 2nd Additional Subordinate Judge, Tirunelveli dated 10.07.2006. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.1895 of 2019 upon hearing the arguments of M/S.M.P.SENTHIL, Advocate for the petitioners, the court made the following order:- This application is filed to condone the delay of 2680 days in filing the application to set aside the abatement caused due to the death of the third respondent.

2.Though the reasons stated in the accompanying affidavit filed in support of the Petition are not satisfied since the delay is huge, however, in order to give an opportunity to the parties to prosecute the appeal, the delay of 2680 days is condoned on condition that the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards costs before the Registry to the credit of C.M.P(MD).No.1895 of 2019 in S.A.(MD).No.665 of 2009 on or before 14.07.2023 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 17.07.2023 for filing compliance report. sd/- 22/06/2023 / TRUE COPY / 12/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb TO 1 THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.

2 THE II ADDITIONAL SUBORDINATE JUDGE, TIRUNELVELI. COPY TO 1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.1895 of 2019 IN SA(MD) No.665 of 2009 Date :22/06/2023 RS/VR/SAR-(12.07.2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2