Kamal Nazar vs K.A.S.Ramdas (Died)
2024 Latest Caselaw 15921 Mad

Madras High Court

Kamal Nazar vs K.A.S.Ramdas (Died) on 16 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                         C.M.P. (MD)Nos.13490 and 13492 of 2023


                             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 173(1) of Motor Vehicles 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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                                                                              C.M.P. (MD)Nos.13490 and 13492 of 2023


                PRAYER in C.M.A.(MD)Nos.SR 13490 and 13492 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


                                                         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.

https://www.mhc.tn.gov.in/judis

C.M.P. (MD)Nos.13490 and 13492 of 2023

4.Therefore, these Civil Miscellaneous Petitions are dismissed for non-

prosecution. 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.

https://www.mhc.tn.gov.in/judis

C.M.P. (MD)Nos.13490 and 13492 of 2023

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

https://www.mhc.tn.gov.in/judis