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Madras High CourtCMP(MD)/6080/2024ordered

Beermohammed (Died) 1.Avuliyamaitheen v. Beermohammed

2024-08-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Seventh day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD). No.6080 of 2024 in SA(MD)No.601 of 2023 Beermohammed (Died)

1. Avuliyamaitheen

2. Ismayil

3. Abdul Ushen

4. Maguthammal ... Petitioners/Appellants Vs 1 Beermohammed 2 The District Collector, District Collector Office, Kokkirakulam, Tirunelveli.

3 The Tahsildar Tahsildar Office, V.K.Pudur Tenkasi.

4 The Sub Registrar, Sub Registrar Office, Surandai, Tenkasi.

... Respondents/Respondents 1/4

Prayer :- Civil Miscellaneous Petition filed under order 41 rule 19 CPC to set-aside the dismissal order dated 16.04.2024 in SA.(MD) No.601/2023 and restore the said appeal and thus render justice.

Prayer SA(MD)No.601 of 2023 :- Second Appeal filed under section 100 of CPC, to set-side the decree and judgment in AS.No.7/2021 on the file of the Additional District Judge, Tenkasi dated 07.07.2023 confirmed in OS.No.444 of 2017 on the file of Principal Sub Judge, Tenkasi dated 15.09.2021.

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 M/s. J. Gunaseelanmuthiah, Advocate for the Petitioners and of Mr. T. Thevan, Government Advocate for the 1st respondent, this Court made the following order: This Civil Miscellaneous Petition is filed to set aside the dismissal order, dated 16.04.2024 passed in SA(MD) No.601 of 2023 and listed today for reporting compliance for payment of cost towards Environmental Committee, as per the order of this Court, dated 25.07.2024.

2.It is reported that the order of this Court, dated 25.07.2024 has been complied with and a cost memo has also been placed before this Court to that effect. 2/4

3.Recording the same, this Civil Miscellaneous Petition is ordered. Sd/- Assistant Registrar(CO) // True Copy // /09/2024 Sub Assistant Registrar (CS - I/ II / III /IV) vrn TO

1. The Additional District Judge, Tenkasi.

2. The Principal Subordinate Judge, Tenkasi.

3. The District Collector, District Collector Office, Kokkirakulam, Tirunelveli.

4. The Tahsildar Tahsildar Office, V.K.Pudur Tenkasi.

5. The Sub Registrar, Sub Registrar Office, Surandai, Tenkasi.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 07/08/2024 ==========================

ORDER

========================== CMP(MD). No.6080 of 2024 in SA(MD)No.601 of 2023 Giving direction and etc.

as stated within.

MK/05.09.2024 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4