Madras High CourtCMP(MD)/67/2026allowed

Jamila Banu v. The Divisional Manager

2026-01-29Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA in Cross Objection (MD) Sr.No.110127 of 2025 and Cross Objection (MD) Sr.No.110127 of 2025

1. Jamila Banu

2. Minor.Mohammed Noufal

3. Minor. Mohammed Thoufiq (Minors 2 and 3 are represented through their natural guardian/mother/ first petitioner) 4.Mumthas ... Petitioners -vs1.The Divisional Manager New India Assurance Company Ltd., No.594, Aplo Towers, First Floor, D.P.Road, R.S.Puram Coimbatore

2. Shanmuga Sundaram ... Respondents PRAYER in : Petition filed under Section 5 of the Limitation Act r/w. 173 of Motor Vehicles Act to condone the delay of 56 days in filing the appeal.

PRAYER in Cross Objection (MD) Sr.No.110127 of 2025 : Petition filed under Order 41 Rule 22 of CPC to enhance the compensation award to cross objection and set aside the CMA(MD) No.905 of 2025 as against the order passed in MCOP No.333 of 2023 on the file of the Motor Accident Claims Tribunal/Special Sub Ordinate Judge(to deal with MCOP Cases) Dindigul on 25.03.2023.

For Petitioner :

Mr.S.Pugalendhi For R1 :

Mr.V.Sakthivel

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This petition has been filed for condoning the delay of 56 days in filing Cross Objection (MD) SR No.110127 of 2025 and the same was allowed on 29.01.2026.

2. The matter came up for hearing under the caption "for being mentioned". When it was pointed out that the petitioner has already filed a Cross Objection (MD) SR No.87057 of 2025, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition and he has also made an endorsement to that effect.

3. Recording the same, the order of this Court dated 29.01.2026 allowing this Civil Miscellaneous Petition stands recalled and the same is dismissed as withdrawn. Consequently, connected Cross Objection (MD) Sr.No.110127 of 2025 stands rejected at the SR stage itself. [G.K.I., J.] [R.P., J.] 12.02.2026 aav