Madras High CourtCRP(MD)/1642/2024dismissed

Mymoon Beevi v. Makkadi Kader Mytheen (Died), 1) Mydeen Pathu

2024-07-25Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:25.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.1642 of 2024 Mymoon Beevi ..Petitioner Vs.

Makkadi Kadar Mydeen(Died) 1.Mydeen Pathu 2.Ahamed Ali 3.Habeeb Rahuman 4.Mohamed Saafi ..2to5Respondents/2to5 Respondents/2to5 Defendants Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2019 in O.S.No.305 of 2010 dated 05.04.2024 on the file of the Principal District Munsif Court, Tirunelveli.

For Petitioner :Mr.S.B.Kamalanathan

ORDER

The civil revision petition is directed against the fair and decreetal order dated 05.04.2024 passed in I.A.No.1 of 2019 in OSNo.305 of 2010.

2.The said interlocutory application was filed to restore the suit on the file of the Principal District Munsif Court, Tirunelveli, which was dismissed for default on 08.02.2011. When there was 7 1/2 years delay in filing the restoration application. The only reason, which is mentioned in the application was that the petitioner suffered with jaundice.

3.It can be seen on the face of it that there was not even an attempt to furnish sufficient reasons and therefore, when the trial Court, after considering the facts and circumstances in detail, has dismissed the application, this Court does not see any compelling

reason to interfere with and accordingly, the Civil Revision Petition stands dismissed. No costs.

25.07.2024 NCC:Yes/No Ns To The Principal District Munsif Court, Tirunelveli.

D.BHARATHA CHAKRAVARTHY, J.

Ns C.R.P(MD)No.1642 of 2024 25.07.2024