Kamal Nazar v. K.A.S.Ramdass (Died) 1. Rajeswari Ramdas

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.P.(MD)Nos.13490 and 13492 of 2023 and REV.APLC.(MD) No.SR 64956 and 72098 of 2023 Kamal Nazar

...Petitioner in both petitions

Vs.

K.A.S.Ramdas (died) 1.Rajeswari Ramdas 2.K.A.S.R.Sivakumar 3.K.A.S.R.Saravanan 4.K.A.S.R.Prabhu 5.K.A.S.R.Arun Kumar Adbul Razack (died) 6.Shahul Hameed 7.Samsunisha 8.Natharsha 9.Tajudeen 10.Mohamed Ibrahim

...Respondents in both petitions

PRAYER in C.M.P.(MD)Nos.13490 and 13492 of 2023: These Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act, to condone the delay of 70 days in filing the review petitions made in A.S.(MD)Nos. 64 and 65 of 2022, dated 06.06.2023.

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PRAYER in REV.APLC.(MD)Nos.SR 64956 & 72098 of 2023: These review petitions are filed under Order 47 Rule 1 r/w Section 114 of Civil Procedure Code, to review the judgment and decree dated 06.06.2023 in A.S.(MD)Nos.64 and 65 of 2022 on the file of this Court.

In both petitions:

For Petitioner : No Appearance For R1 to R5 : Mr.Niresh Kumar For R6 to R10 : No Appearance COMMON ORDER These applications have been filed to condone the delay of 70 days in filing the Review Applications.

2.When these matters were listed for hearing on 05.04.2024, there was no representation on behalf of the petitioner. Hence, these matters were directed to be listed on 10.06.2024. Thereafter, on 04.07.2024, at the request of the learned counsel for the petitioner, these matters were directed to be listed on 14.08.2024. 3.Even today, when the matters are taken up for hearing, the learned counsel on record has not appeared and the learned counsel representing the learned counsel on record seeks an adjournment. 2/4

4.Therefore, these Civil Miscellaneous Petitions are dismissed for nonprosecution. Consequently, the Review Applications are also rejected at the SR stage itself.

5.At this juncture, the learned counsel appearing for the respondents submitted that in the execution proceedings that was undertaken in pursuant to the judgment and decree made in the appeal suits, the property has been delivered to the decree holder. The said submission is recorded. No costs. 16.08.2024 Index : Yes/No Internet : Yes/No ta To 1.Kamal Nazaar, S/o.late Abdul Razack, No.91, 1st Floor, R.M.S.Colony, 5th Street South, Edamalipatty Pudur, Trichy.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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N.SATHISH KUMAR, J.

ta C.M.P.(MD)Nos.13490 and 13492 of 2023 and REV.APLC.(MD) No.SR 64956 and 72098 of 2023 16.08.2024 4/4