Madras High CourtCMP(MD)/6724/2020dismissed as infructuous

S.S.Jeganatha Raja v. Jennath Bibi(Died)

2021-12-15Honourable Ms. Justice P.T. Asha2 pages

CMP(MD). No.6724 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fifteenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Ms.Justice P.T.ASHA CMP(MD)No.6724 of 2020 in C.R.P.(MD)No.1296 of 2018 1.S.Jeganatha Raja 2.S.Jeyaram Raja 3.S.Narasimha Raja 4.T.Anandammal 5.M.Shanthi Murugan(died)

...Petitioners/Respondents/Respondents

Vs 1.Jennath Bibi(Died) 2.N.Kannalagan 3.M.Abdul Wahab (Died) 4.M.A.Sikkandar 5.Najuma Rani 6.M.A.Tajudeen 7.Suriya Begum 8.Aforse Banu 9.M.A.Honest Mohideen 10.M.A.Elizabeth Rani ... Respondents 1 to 10 11.T.Janarthana Raja ... 11th Respondent Prayer in CMP(MD)No.6724 of 2020 :- This Civil Miscellaneous Petition is filed under Order 41 Rule of 19 of CPC., to set aside the dismissal order dated 08.10.2020 passed in the above CRP.(MD) No.1296 of 2018 for default on merits and thus render justice. Prayer in CRP(MD)No.1296 of 2018:- This Civil Revision Petition is filed under Section 115 of C.P.C., against the fair and decretal order dated 04.06.2018 passed in E.P.No.106 of 2012 in R.C.O.P.No.24 of 2009 on the file of the Additional District Munsif Court, Madurai Town.

ORDER:- This Civil Miscellaneous 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.V.Nagendran, Advocate for the Petitioner and of Mr.T.R.Jeyapalam, Advocate for the respondents, this Court made the following order: It is informed by the learned counsel for the fourth respondent that possession has already been taken through execution proceedings and nothing survives for consideration in the present civil miscellaneous petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD). No.6724 of 2020 2.Recording the submission, this Civil Miscellaneous Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Additional District Munsif, Madurai.

Copy to:

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

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

+ 1 CC to M/s.V.Nagendran, Advocate, SR.No.38791 dt 15.12.2021 ORDER DATED : 15/12/2021 =========================

ORDER

========================= CMP(MD)No.6724 of 2020 in CRP(MD)No.1296 of 2018 Giving direction and etc.

as stated within.

KS(CO) SB(28.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2