Mohamed Sathak Thambi ,(Died)Hamsha Beevi v. Mansoor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN SA No.106 of 1999 1 MOHAMED SATHAK THAMBI (DIED) 2.HAMSHA BEEVI 3 MOHAMED SULTHAN 4 MOHAMED MEERA UMMAL 5 ABUL HASSAN 6 M.SYED NAZAR 7 MUMTAJ BEGAM 8 ASKAR ALI 9 AASIK 10 BAGRUTHEEN ALI HAMMED ... PETITIONERS/PROPOSED APPELLANTS 2-10 Vs 1 MANSOOR REPTD. BY HIS POWER OF ATTORNEY AGENT VEERASENATHIPATHI ALIAS GURU 2 MOHAMMED SHERIFF(DIED) 3 NOOR MOHAMED (DIED) 4 MOHAMED IBRAHIM (DIED) 5 HABEEB MOHAMED (DIED) 6 SYED RAVIATHAMMAL 7 RAHUMATH UMMAL 1/4

8 NAFESA, 9 FATHIMA 10 NAZIMUNNISA, 11 TAJ MOULANA, ...RESPONDENTS/RESPONDENTS 12 SITHI HADIJA UMMAL 13 MOHAMED IQBAL, 14 JENNATHUL HUDAYA 15 MOHAMED SULTHAN UMMAL 16 AYSATH 17 RAHAMATHA AMINA UMMAL 18 MOHAMED ISMAIL, 19 NOORDEEN 20 JAINAMBU NISHA, 21 NOORUL IYNE 22 NOOR JAHAN 23 MUNAVAR SULTANA 24 MOHAMED RAFEEK, 25 SITHI FATHIMA, 26 MOHAMED THAHIRA BEEVI 27 MOHAMED HUSSAIN 28 MOHAMED SIRAJ 29 EASA MOHIDEEN 30 MOHAMED HASEEN 31 ARSATH MOHUSHINA 32 SITHI RAIHANA ... RESPONDENTS 12 TO 32/ PROPOSED RESPONDENTS 12 TO 32 2/4

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to for the reasons stated in the accompanying affidavit, it is prayed that this Honourable Court may be pleased to condone the delay of 5325 days in filing the petition to aside the abatement caused due to the death of the 4th respondent Mohamed Ibrahim in S.A.(MD)No.106/1999 and pass suitable order and thereby render justice.

PRAYER IN SA No.106 of 1999:

To prefer this memorandum of Second Appeal under section 100 of C.P.C. Against the Judgment and Decree dated 22.09.1998 in A.S.No.71 of 1997 on the file of District Judge, Ramanathapuram, confirming the Judgment and Decree dated 10.01.1997 in O.S.No.111 of 1995 on the file of the Subordinate Judge, of Ramanathapuram and pray for setting aside the same.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.H.LAKSHMI SHANKAR, Advocate for the petitioner, the court made the following order:- This application is filed to condone the delay of 5325 days in filing application to set aside the abatement caused due to the death of the fourth respondent in the second appeal. 2.Though the reasons stated in the accompanying affidavit filed in support of the Petition are not satisfied since the delay is huge, however, in order to give an opportunity to the parties to prosecute the appeal, the delay of 5325 days is condoned on condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) towards costs before the Registry to the credit of C.M.P(MD)No.

7494 of 2019, within one month, provided, on or before 24.07.2023 and on deposit of the same, the petition shall stand allowed, failing which, the Petition shall stand automatically dismissed without further reference to this Court. 3.List the matter on 25.07.2023 for filing compliance report. sd/- 21/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

am 3/4

TO 1.THE DISTRICT JUDGE, RAMANATHAPURAM,

2. THE SUBORDINATE JUDGE, OF RAMANATHAPURAM COPY TO 1.THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-9252[I] dated 21/06/2023 )

ORDER

IN IN SA No.106 of 1999 Date :21/06/2023 RK/BUC/SAR- (27/06/2023) 4P/8C 4/4