1.Ameer Begum(Died) v. Jehra Beevi @ Nirmala Rani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Third day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMP(MD) Nos.5061, 5063 & 5064 of 2021 in AS(MD) No.52 of 2017 1 AMEER BEGUM(DIED) ... 1st PETITIONER/1st APPELLANT 2 FATHIMA SAJINI 3 THAGIRA BANU 4 MEHATHAP BANU (DIED) ... 4th PETITIONER/4th APPELLANT 5 BIRTHOUS BANU ... 3rd PETITIONER/5th APPELLANT 6 DHADHA BASHA, 7 PIYARI AFREEN, 8 SHEEIN CHITHARA, ... PETITIONERS/PROPOSED APPELLANTS 6 TO 8 IN ALL CMP's Vs 1 JEHRA BEEVI @ NIRMALA RANI 2 JAMILA BANU @ MALLIGA 1/4

3 ANISH FATHIMA @ ANITHA BANU 4 S.MUNAVERSHEEN @ BABU ... RESPONDENTS/RESPONDENTS IN ALL CMP's Prayer in CMP(MD).5061/2021 :

To condone the delay of 1281 days in filing legal heir application for the deceased 4th Appellant and thus rende justice. Prayer in CMP(MD). 5063/ 2021 :

To set aside the abatement of the deceased 4th Appellant. Prayer in CMP(MD). 5064/ 2021 :

To record the Petitioners 6 to 8 herein as legal heirs of the 4th Appellant and implead them as Appellants 6 to 8 in the Appeal. Prayer in AS(MD).52/2017:

Pleased to set aside the Judgement and Decree dated 03.12.2015 in O.S.61 of 2010 on the file of VI Additional District Judge, Madurai and dismiss the suit with costs throughout and thus render justice.

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.MANOHAR, Advocate for the petitioners in all CMP's and of Mr.J.PRABAKARAN, Advocate for the Respondents No.1 to 4 in all CMP's, the court made the following order:- (Order of the Court was made by P.VELMURUGAN,J) These petitions have been filed to condone the delay of 1281 days in filing the legal heir application for the deceased fourth appellant; to set aside the abatement of the deceased fourth appellant and to bring on record the petitioners 6 to 8 as legal heirs of the fourth appellant and implead them as appellants 6 to 8 in the appeal. 2.The learned counsel for the petitioners submitted that the order of this Court 2/4

dated 11.09.2024, has been complied with.

3.In view of the compliance of the order dated 11.09.2024, the delay is condoned and these petitions are ordered accordingly. 4.Registry is directed to carry out the necessary amendments in the appeal. 5.The learned counsel for the petitioners/appellants is directed to file the amended copy of the Memorandum of grounds of appeal within a period of 10 days from today.

6. List on 23.10.2024.

sd/- 03/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE VI ADDITIONAL DISTRICT JUDGE, MADURAI.

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

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ORDER

IN CMP(MD) Nos.5061, 5063 & 5064 of 2021 in AS(MD) No.52 of 2017 Date :03/10/2024 RS/MMS/SAR-(08.10.2024) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4