Sithi Fathima(Died) v. K.Seeni Syed Ibrahim

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI C.M.P(MD)Nos.672 to 674 of 2018 in 1 SITHI FATHIMA(DIED) 2 PAPARATHI AMMAL ...PETITIONERS/PETITIONERS ( IN BOTH PETITIONS) 3 ABDUL JABBAR 4 SARA BEGAM 5 MOHAMED JAHIR HUSSAIN 6 SHAHUL HAMEED 7 MUMTAJ BEGAM ...3 TO 7 PETITIONERS/ 3 TO 7 PROPOSED PETITIONERS (IN BOTH PETITIONS) Vs 1 K.SEENI SYED IBRAHIM 2 S.S.S.SULTHAN MARAKAYAR (DIED) 3 KANNAN 4 SATHMEETHSEELAN ...RESPONDENTS 1 TO 4/RESPONDENT 1 TO 4 (IN BOTH PETITIONS) 5 SIKKANDAR BANU 6 BEEVI FATHIMA 7 TAJUDEEN UMAR 8 SYED ABDUL RAHUMAN 9 SATHIK 10 THASLIMA ...RESPONDENTS 5 TO 10/ PROPOSED RESPONDENTS 5 TO 10 (IN BOTH PETITIONS) 1/3

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 375 days in filing the abatement caused by the death of 2nd respondent in the above CRP(PD)(MD)No. 670 of 2011.

PRAYER IN CMP(MD)NO. 673 OF 2018 :

To set aside the abatement caused by death of 2nd respondent S.S.S.Sulthan Marakayar in the above CRP(PD)(MD)No. 670 of 2011.

PRAYER IN CMP(MD)NO.674 OF 2018 :

To bring on record the proposed respondents 5 to 10 as the respondents 5 to 10 in legal representatives of the deceased 2nd respondent S.S.S.Sulthan Marakayar in the above CRP(PD)(MD)No. 670 of 2011.

PRAYER IN CRP(MD)NO. 670 OF 2011 :

To revise and to set aside the fair and executable order passed in I.A.No. 10/2011 in O.S.No. 86/2010 dated 28.01.2011 in the Court of the District Munsif Court, Rameswaram, in Ramanathapuram District.

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.J.M.HASSANUL BAZARI, Advocate for the petitioner in both petitions and of M/S.T.R.JEYAPALAM, Advocate on behalf of the Respondent No.1 in both petitions and M/S.S.A.AJMALKHAN, Advocate for the Respondent No.2 & 3 in both petitions and No appearance for the Respondent No.4 in both petitions, the court made the following order:- These applications have been filed to condone the delay of 375 days in filing the abatement caused due to the death of the second respondent in CRP PD(MD) No.670 of 2011, to set aside the abatement caused by the death of the second respondent and to bring on record the legal heirs of the deceased second respondent as respondents 5 to 10.

2.Since the main CRP PD(MD) No.670 of 2011 itself was disposed of by this Court on 08.04.2019 itself, these Civil Miscellaneous Petitions are closed as infructuous. sd/- 20/06/2022 / TRUE COPY / 27/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE DISTRICT MUNSIF, RAMESWARAM, RAMANATHAPURAM DISTRICT.

ORDER

IN C.M.P(MD)Nos.672 to 674 of 2018 in Date :20/06/2022 RK/JM/SAR-I/27.06.2022 : 4P/2C 3/3