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Madras High CourtCMP(MD)/11922/2022ordered

G.Abdul Aziz (Died) A.Khaja Mainudeen(Died) 1. S.Shahida Haque, v. Sophia Bibi (Died) 2. Omandur,

2023-06-13Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR in AS No.532 of 1993 G.ABDUL AZIZ (DIED) A.KHAJA MAINUDEEN(DIED) 1 S.SHAHIDA HAQUE 2 K.RUXANA 3 K.MOHAMED ABBAS ... Petitioners / Appellants Vs 1 SOPHIA BIBI (DIED)

2. OMANDUR 3 RAMAKRISHNA REDDIAR 4 S.SIRAJ (DIED) 5 S.DAMODARAN 6 K.MOHAMED IMTHIAS AHAMED 7 K.ABDUL KHADAR (DIED), 8 M.MOHAMED KLIAS 9 NASEEMA BEGAM (DIED) 10 SHAMEEM BEGAM 11 SHAKEELA BEGAM 12 S.A.AJRA THAPASUM 13 IQBAL AHAMED 1/3

14 NAJMUNISHA 15 SHABBAR 16 MUZAMMIL 17 FATHIMA BEGAM 18 JABEENA BEGAM 19 AYESHA BEGAM 20 GOWSHIA BEGAM 21 SULTHANA BEGAM 22 MOHAMED ABDULLAH 23 R.SHARMILA 24 R.MOHAMED RAFI ... Respondents / Respondents Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 24.08.2022 made in AS No. 532 of 1993 on the file of this Honourable Court and restore the same. Prayer in AS No.532 of 1993:

To allow this appeal and set aside the Judgment and Decree in O.S.No.217 of 1984 dated 21.01.1993 on the file of the Court of the Principal Subordinate Judge, Trichy in so far they are against this Appellant and allow the suit as prayed for with costs throughout.

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 Mr.M.MOHAMED IBRAM SAIBU, Advocate for M/S.AJMAL ASSOCIATES, Advocate for the petitioners, the court made the following order:- Despite notice is served on the respondents 3, 8, 15 and 16 and the name has been printed none appeared for the said respondents. The suit is filed for declaration and recovery of possession. Hence, in order to give a fair opportunity to the parties to agitate their rights on mertis, this Court is inclined to allow this petition, since no serious objections raised. Accordingly, this petition is allowed and the Registray is 2/3

directed to restore the appeal on file and list the same for hearing on 05.07.2023.

sd/- 13/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TA To The Principal Subordinate Judge, Trichy.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in AS No.532 of 1993 Date :13/06/2023 ED/BUC/SAR- (15/06/2023) 3P 3C 3/3