Partly allowed

Habiba, v. S.a.Syed Ahamathu Kabeer

Madras HC7 Apr 2021CMP(MD)/3497/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court considered a petition to condone a delay of 1025 days in filing a second appeal. The court was inclined to condone the delay subject to the payment ofRs. 5,000/- as costs to the District Legal Services Authority within the stipulated time.

What did the court decide?

Delay condensed subject to payment of Rs. 5,000/- as costs to the District Legal Services Authority, Tirunelveli, within a specified time limit.

Habiba, Vs S.a.Syed Ahamathu Kabeer — Civil Procedure and Limitation | Madras HC (2021)

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CMP(MD) No.3497 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Civil Appellate Jurisdiction )

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Wednesday, the Seventh day of April Two Thousand and Twenty One

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PRESENT

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The Hon`ble Mr.Justice A.A.NAKKIRAN

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CMP(MD) No.3497 of 2021 in S.A.(MD)SR.No.11812 of 2018

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1 HABIBA

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2 RAZOOL

3 RAMZAN

4 YUSUB

5 SHARIF

6 MYDEEN FATHIMA

7 MYMOON ... PETITIONERS/ APPELLANTS

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1 S.A.SYED AHAMATHU KABEER 2 S.A.SULTHAN ARIF RESPONDENTS 1 AND 3/ PLAINTIFFS THROUGH THEIR POWER AGENT, MOHAMED MYDEEN.

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3 NOORI RISWANA

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4 NOORI UMAR SALAMAN ... RESPONDENTS/ RESPONDENTS

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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 1025 days in Re-presenting the above Second Appeal in S.A.SR.No.11812 of 2018 and thus render Justice.

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PRAYER IN S.A.(MD)SR.No.11812 of 2018 :

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To prefer the above Memorandum of Grounds of Appeal against the judgment and decree dated 16.08.2017 made in A.S.No.88 of 2016 on the file of III Additional District Judge, Tirunelveli, confirming the judgment and decree dated 12.09.2016 made in O.S.No.83 of 2009 on the file of Principal Sub Court, Tirunelveli.

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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.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES for the petitioners, the court made the following order:-

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This petition has been filed by the petitioners seeking to condone the delay of 1025 days in representing the above Appeal.

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

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1/2

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CMP(MD) No.3497 of 2021

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2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.5,000/- (Rupees five thousand only) to the District Legal Services Authority, Tirunelveli District on or before 22.04.2021, failing which, the petition shall stand dismissed automatically without any further reference to this Court.

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sd/07/04/2021 / TRUE COPY /

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/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned

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1 THE III ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

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2 THE PRINCIPAL SUBORDINATE JUDGE, TIRUNELVELI.

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COPY TO:

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THE OFFICER INCHARGE, DISTRICT LEGAL SERVICES AUTHORITY, TIRUNELVELI DISTRICT.

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ORDER

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IN CMP(MD) No.3497 of 2021 in S.A.(MD)SR.No.11812 of 2018 Date :07/04/2021

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MSA

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MS/PN/SAR-3/16.04.2021/2P.4C

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

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Habiba, v. S.a.Syed Ahamathu Kabeer

Case brief

What is this about?

What did the court decide?

Habiba, v. S.a.Syed Ahamathu Kabeer

Case brief

What is this about?

What did the court decide?

What the court decided

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