Magdhoom Gnaniyar Pallivasal v. E.S.S.Sheik Seyad Ali

CMP(MD) No.6490 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.6490 of 2018 IN SA(MD)SR No.12531 of 2016 MAGDHOOM GNANIYAR PALLIVASAL M.G.P.SANNATHI ST, PETTAI, TIRUNELVELI THROUGH ITS PRESIDENT Dr.Haji M.A.S.AKBAR SINDHA MOHIDEEN NOW ITS PRESENT PRESIDENT P.E.M.LIAGUAT ALI KHAN ... PETITIONER/APPELLANT Vs 1 E.S.S.SHEIK SEYAD ALI 2 E.S.S.BEER MUHAMMED 3 B.RAHMADULLAH 4 K.ISMAIL SHA 5 K.SHAJAHAN 6 P.SHARBUDEEN 7 ABUBAKKAR SIDDIK 8 SHEIK MANSOOR 9 TAMILNADU WAKF BOARD THROUGH CHIEF EXECUTIVE OFFICER, NO.1, JAFFER SIRANG ST, VALLAL SEETHAKADHI NAGAR, CHENNAI-600001 ... RESPONDENTS/RESPONDENTS 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 265 days in filing the S.A.S.R.No.12531 of 2016.

PRAYER IN SA(MD) No.12531 of 2016:

Pleased to set aside the judgment and decree passed in A.S.No.50/2014 and Cross objection on the file of the Additional Sub Court, Tirunelveli dated 26.03.2015 reversing the judgment and decree passed in O.S.No.261 of 2011 on the file of the Principal District Munsif Court, Tirunelveli dated 18.12.2013 by allowing the Second Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6490 of 2018 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.T.SELVAN, Advocate for the petitioner and of Mr.M.LAXMIMAHENDRAN, Advocate on behalf of the Respondents 1 to 6 & 8, the Court made the following order:- This Petition has been filed seeking to condone the delay of 265 days in filing the above Second appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel appearing for the respondent has no objection in allowing this Petition.

4.In view of the same,this petition is ordered and the delay of 265 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.2000/-(Rupees Two thousand only) as costs to the Government Higher Secondary School, Y. Othakadai, Madurai, bearing Account No.10968750674, towards costs, within a period of one week from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court. sd/- 20/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE, TIRUNELVELI.

2 THE PRINCIPAL DISTRICT MUNSIF, TIRUNELVELI.

COPY TO:

THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.

ACCOUNT NO.10968750674

ORDER

IN CMP(MD) No.6490 of 2018 IN SA(MD) SR No.12531 of 2016 Date :20/12/2021 SS/JC/SAR-IV/23.12.2021 : 3P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2