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  1. Home/
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  3. Madras High Court/
  4. 2024/
  5. March

A.augustian, vs. B.mohammed Abubackar(died) 2. M/s. Sriram and Co

Decided on 28 March 2024• Citation: CMP(MD)/3633/2024• Madras High Court
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               BEFORE  THE MADURAI    BENCH  OF MADRAS   HIGH  COURT              
                               Civil Appellate Jurisdiction                       
         Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four    
                                      PRESENT                                     
                      The Hon`ble Mr.Justice K.K. RAMAKRISHNAN                    
                               CMP(MD).  No.3633 of 2024                          
                                          in                                      
                                CRP(MD).No.674 of 2015                            
       A.Augustian,                                    ... Petitioner/ Petitioner 
                                         Vs                                       
       1 B.Mohammed   Abubackar(Died)                                             
       2. M/s. Sriram and Co.,                                                    
         Registered Partnership Firm,                                             
         Through One of its Partner                                               
         C.Durairaj,                                                              
       3. Najeema Begam,                                                          
         W/o.Late. B. Mohammed Abubackar,                                         
       4 Amrith Begam,                                                            
         D/o..Late. B. Mohammed Abubackar,                                        
       5 Ahamed  Birnas                                                           
         S/o..Late. B. Mohammed Abubackar,                                        
                                                      ... Respondents/Respondents 
  https://www.mhc.tn.gov.in/judis                                                 

      Prayer :-                                                                   
           Civil Miscellaneous Petition is filed under order Rule 9 of Civil Procedure Code
      to set aside the order dated 09.02.2024 passed by this Honourable Court in C.R.P.
      (MD)  No 674 of 2015 , which was dismissed for delayed payment of the batta and
      restore the above CRP on file.                                              
      Prayer in CRP(MD).674/ 2015 :                                               
                     This Revision Petition filed under section 115 of Civil Procedure
      Code,to set aside the fair and decreetal order dated 23.02.2015 passed in E.A.No.862
      of 2008 in E.P.No.46 of 2005 in O.S.No.649 of 2001 on the file of the I Additional Sub
      judge,Madurai.                                                              
      ORDER:-   This Petition coming on for orders on this day and upon perusing the
      petition and the affidavit filed in support thereof and upon hearing the arguments of
      M/s.  RV.Rajkumar, Advocate for the Petitioner, this Court made the following
      order:                                                                      
        “The above application has been filed to set aside the order dated 09.02.2024 in
      C.R.P.(MD).No.674 of 2015, which was  ordered to be dismissed for delayed   
      payment of the batta and restore the above Civil Revision Petition.         
           2.Even though notice was served and the respondents' 3 to 5 name were  
      printed, there is no representation on the side of the respondents.         
  https://www.mhc.tn.gov.in/judis                                                 

      2.Being satisfied with the reasons stated in the affidavit filed in support of this
      petition, this petition is ordered and the Registry is directed to restore the Civil
      Revision Petition on file.”                                                 
                                                         Sd/-                     
                                                Assistant Registrar(CS-III)       
                        // True Copy //                                           
                                                             /04/2024             
                                                 Sub Assistant Registrar          
                                                   (CS - I/ II / III / IV)        
      TO                                                                          
        1. The I Additional Sub judge,                                            
         Madurai.                                                                 
      Copy  to:                                                                   
         The Section Officer,                                                     
         Judicial Section,                                                        
         Madurai Bench of Madras High Court,                                      
         Madurai.                                                                 
  https://www.mhc.tn.gov.in/judis                                                 

                                               ORDER  DATED   : 28/03/2024        
                                             ==========================           
                                                       ORDER                      
                                             ==========================           
                                             CMP(MD).  No.3633 of 2024            
                                                       in                         
                                             CRP(MD).No.674  of 2015              
                                              Giving direction and etc.           
                                              as stated within.                   
       RE (30.04.2024) 4P/3C                                                      
      Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
  https://www.mhc.tn.gov.in/judis