Noorjehan Beevi v. Tajudeen
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN AS(MD) No.24 of 2010
1. NOORJEHAN BEEVI
2. MEHABOOB BEEVI ... 1&2 PETITIONERS/1&2 APPELLANTS
3. IBRAHIM FATHIMA ... DIED
4. PATHAMUTHU BEEVI ... 4th PETITIONER/4th APPELLANT
5. ANNEIS FATIMA ... DIED / 5th APPELLANT
6. SYED MEERA ... 6th PETITIONER/6th APPELLANT
7. M.ABDUL REHMAN
8. TAJ NISHA BEGUM
9. M.MANSOOR AHMED SAIT 10.AVVA BEEVI 11.SABURA BEEVI 12.SHAKKELA BANU 13.MOHAMMED SHEIK SIKKANDER ... 7 to 13 PETITIONERS/PROPOSED LRS OF 3rd APPELLANT 14.P.K.M.ABDUL RAZAK 15.SHAJAHAN 16.HABIB REHMAN 17.MOHAMED ITHREES ... 14 to 17 PETITIONERS/PROPOSED LRS OF 5th APPELLANT IN BOTH THE PETITIONS Vs
1. TAJUDEEN ... DIED / 1st RESPONDENT
2. S.ABDUL HAMEED ... 2nd RESPONDENT/2nd RESPONDENT
3. H.SAMSUDEEN ... DIED / 3rd RESPONDENT
4. ALIMA BEEVI ... DIED / 4th RESPONDENT
5. S.KAJA MOHIDEEN
6. NAINA MOHAMAD 1/3
7. MOHAMAD HUSSAIN
8. KAJA BAHRUDEEN
9. SIRAJUDEEN 10.RAHMATH BEAGUM 11.SITHIKA BEAGUM 12.MEHRAJ BEAGUM 13.VASANTHA KUMARI BOSE 14.HAJI.A.E.S.RAJA HASPER ALI 15.MUBARAK ... 5 to 15 RESPONDENT/5 to 15 RESPONDENTS 16.T.AHAMED JALALUDEEN 17.T.KADAR HUSSAIN 18.SEYADU FATHIMA ... 16 to 18 RESPONDENTS/PROPOSED LRS OF 1st RESPONDENT 19.HAMEEDA BEEVI 20.ZAINABU 21.HAJA NAZIMUDEEN 22.KAMELA BEGUM 23.AHMED KABBAR 24.JAFFAR ALI ... 19 to 24 RESPONDENTS/PROPOSED 3rd RESPONDENT IN BOTH THE PETITIONS 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 2732 days that has occurred in seeking to set aside the Abatement of the appeal in respect of the deceased 1st respondent.
Prayer in CMP(MD). 8264/2018 :
Pleased to condone the delay of 2276 days that has occurred in seeking to set aside the abatement of the appeal in respect of the deceased 3rd respondent.
Prayer in AS(MD). 24/2010 :
Pleased to the memorandum of First Appeal against the Dismissal of their Suit in O.S.No.563 of 2004 by the Additional District Judge (Fast Track Court No.2) Madurai by its Decree and Judgment dated 21.04.2008.
ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.S.RAMESH @ RAMIAH, Advocate for the petitioner in both the petitions, the court made the following order:- C.M.P(MD)No.8261 of 2018 is filed to condone the delay of 2732 days that has been occurred in setting aside the abatement of the appeal in respect of the deceased first respondent. 2/3
2.C.M.P(MD)No.8264 of 2018 is filed to condone the delay of 2276 days that has been occurred in setting aside the abatement of the appeal in respect of the deceased third respondent. 3.Heard the learned counsel for the Petitioners and perused the materials placed before this Court.
4.Though the reasons stated in the affidavits filed in support of these Petitions are not satified, however, in order to give an opportunity to the Petitioners, these Petitions are allowed on condition that the Petitioners pay a sum of Rs.5,000/-towards costs in each of the Petitions(totalling to Rs.10,000/-) before the Registry to the credit of the respective C.M.Ps' within a period of ten days from the date of receipt of a copy of this order and on deposit of the same, the applications shall stand allowed and failing which, these Petitions shall stand automatically dismissed without further reference to this Court.
5.List the matter on 27.06.2022, for further hearing sd/- 14/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT JUDGE, (FAST TRACK COURT NO.2), MADURAI.
COPY TO :
1. THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2. THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) No.8261 and 8264 of 2018 IN AS(MD) No.24 of 2010 Date :14/06/2022 vsn USK/VR/SAR-I/16.06.2022/3P/4C 3/3