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Madras High CourtCRP(MD)/2239/2022allowed

Sheik Mohamed, v. Syed Ali Fathima,

2025-04-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P.(MD).Nos.10480 and 10481 of 2022 Sheik Mohamed ... Revision Petitioner / Defendant in both petitions Vs Syed Ali Fathima ... Respondent / Plaintiff in both petitions PRAYER in C.R.P.(MD).No.2239 of 2022: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to call for the records pertaining to the order passed by the Learned Additional District Munsif, Tenkasi, dated 20.03.2018 in I.A. No. 566 of 2017 in I.A. No. 43 of 2016 in O.S.No. 185 of 2011 and set aside the same. PRAYER in C.R.P.(MD).No.2240 of 2022: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to call for the records pertaining to the order passed by the Learned Additional District Munsif, Tenkasi, dated 20.03.2018, in I.A. No. 565 of 2017 in O.S. No. 185 of 2011 and set aside the same.

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For Petitioner :

Mr.H.Arumugam For Respondent :

Mr.M.Ajmal khan for Mr.K.Vadivelu (in both petitions)

ORDER

These petitions have been filed to set aside the orders passed in order passed by the Learned Additional District Munsif, Tenkasi, dated 20.03.2018, in I.A. No. 565 of 2017 in O.S. No. 185 of 2011 and I.A.No. 566 of 2017 in I.A.No.43 of 2016 in O.S.No.185 of 2011. 2.In continuation of the order dated 25.02.2025, this order is passed.

3.By the order dated 25.02.2025, this Court directed the petitioners to pay a sum of Rs.10,000/- in both revision petitions individually to the sole respondent and the matter was ordered to be posted for reporting compliance on 11.03.2025. Subsequently, on that date, the petitioner's counsel reported that the respondent is not willing to receive the money. Therefore, the money was ordered to be deposited before the trial Court. 2 / 4

4.Today, the learned counsel reported that the cost was deposited before the trial court and produced the copy of the challon. 5.In view of the same, these civil revision petitions stand allowed. No costs. The impugned orders passed by the trial Court are hereby set aside. The I.A.Nos.565 and 566 of 2017 are hereby allowed and the delay is condoned. Consequently, connected miscellaneous petitions are closed.

25-02-2025 NCC : Yes / No Internet : Yes / No Index : Yes / No TM 1.The Additional District Munsif, Tenkasi.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

TM 29.04.2025 4 / 4