K.Seyad Mohamed Kavus (Died) v. Raja Mohamed Maideen (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.9078 of 2018 IN SA(MD) No.SR6478 of 2018 K.SEYAD MOHAMED KAVUS (DIED) 1.SEYAD IBRAHIM 2 K.SEYAD HUSSAIN 3 PANIMAL @ MAHABUF BEEVI JOHMAAN @ KARAL BEEVI (DIED) 4 SEYAD K.MOHAMED HANIB 5 KULAM THASKEER 6 KADARUNNISHA 7 SEYAD RASUL 8 SEYAD ABUPAKKAR 9 SEYAD SULAIMAN 10 SARPUNNISHA ... PETITIONERS/APPELLANTS Vs RAJA MOHAMED MAIDEEN (DIED) MOHAMATHU MASTHAN(DIED) MAHABOO @ KADER BATCHA(DIED) 1.BIARA 2 NANNA @ ABDULLAH KHAN 3 R.AMEERKHAN 4 SAMSUDEEN 5 M.MOHAMED UMAR 6 M.BHASHA KHAN 7 SHEIK IBRAHIM 8 M.JAMRUTH 9 NOORJAKHAN 10 KADAR JOHN 11 MUMTAJ 12 MAHABUF JOHN BEEVI 13 M.PAVUL AHAMED 14 M.SASIN USHA 15 M.SINDHA USHA,SHIAK MATHAR 16 GEENATH 17 HAMRUNNISHA 18 VASITHA BANU
19 SATHIK ALI 20 JEENATH BEGAM 21 YASEEN 22 MAHABOOB BATCHA 23 YUSUF KHAN @ BABU 24 ASEENA BANU 25 IQBAL 26 FATHIMA BEEVI 27 SALIMA BANU ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 179 days in paying in payment of deficit court fee in SA(MD)SR.No.6478 of 2018 and thus render justice. PRAYER IN SA(MD) No.SR6478 of 2018:
To set aside the Judgment and Decree dated 14.07.2017 made in A.S.No.127 of 2010 on the file of Principal Subordinate Judge, Tirunelveli confirming the judgment and decree dated 26.11.2009 made in O.S.No.139 of 1996 in the file of 2nd Additional District Munsif Court, Tirunelveli.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.SUBBARAJ, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- Heard.
This petition has been filed by the petitioners seeking to condone the delay of 179 days in paying the deficit Court fee. 2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Committee, attached to this Bench on or before 12.04.2019, failing which this petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
4. In the event of payment of cost, the Registry is directed to number the revision petition if it is otherwise in order and list the same "for admission" on 15.04.2019.
sd/- 09/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE PRINCIPAL SUBORDINATE JUDGE, TIRUNELVELI.
2.THE 2ND ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI.
COPY TO:
1.THE AUTHORITY OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.9078 of 2018 IN SA(MD) No.SR6478 of 2018 Date :09/04/2019 TK/PN/SAR-4/09.04.2019/3P/5C