Madras High CourtCMP(MD)/6691/2019dismissed for default

Safia Begum v. Pandiayan (Died)

2024-06-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in SA(MD)SR.No. 31742 of 2008 SAFIA BEGUM (REP.BY POWER AGENT, S.DAWOOD BATCHA) ... PETITIONER/PETITIONER Vs 1 PANDIYAN (DIED) 2 NAMIRAJAN, 3 KALIAMMAL 4 KANNAN 5 BALAKRISHNAN 6 GAYATHIRI ...RESPONDENTS/RESPONDENTS (RESPONDENTS 3 TO 6 LEGAL HEIRS OF 1ST RESPONDENT PANDIYAN (DIED) BY MP No. 1/2015 DATED 30.06.2017 ALLOWED) Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone 1/3

the delay of 86 days in filing restoration petition in SA(MD)No.31742 of 2018 and thus render justice.

PRAYER IN SA(MD)SR.No. 31742 of 2008:

Pleased to allow the second appeal and set aside the judgment and decree dated 29.10.2007 made in A.S.No. 80/05 on the file of the Additional Subordinate Judge, Tanjore confirmed the judgment and decree dated 21.07.2005 made in O.S.No. 392/2001 on the file of the District Munsifr court, Tanjore. ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof the petitioner and the respondents are not appearing either in person or by an advocate, the court made the following order:- When the matter was taken up for hearing on 25.04.2024, there was no representation for the petitioner. Hence, the matter was ordered to be posted on today. Even today, there is no representation for the petitioner. In view of the same, this petition stands dismissed for default.

sd/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE ADDITIONAL SUBORDINATE JUDGE, TANJORE.

2 THE DISTRICT MUNSIF,TANJORE.

ORDER

IN in SA(MD)SR.No. 31742 of 2008 Date :06/06/2024 PKP/ED/SAR /18.06.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3