Hasarath Syed Sha Mian Saqqaf ... vs F. Fathima Gani
2021 Latest Caselaw 11107 Mad

                                                                           C.R.P(MD).No. 751 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 29.04.2021

                                                      CORAM

                           THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                              C.R.P(MD).No.751 of 2021


                    Hasarath Syed Sha Mian Saqqaf Sakkaf kadheri Thaikkal
                    Wakf rep. by its Junior Trustee Syed Vajeehun Naqi Saqqar,
                    residing at No.657, Thakkal Lane,
                    Kondirajapalaym, East Main Street,
                    Thanjavur Town and Munsif.                    : Petitioners / defendants

                                                     Vs.

                    S.M.A. Farook(died)
                    1.F. Fathima Gani
                    2.S.M.A. Hassina John
                    3.S.M.A. Nazira Banu                    : Respondents/ Judgment Debtors


                    PRAYER:- Civil Revision Petition filed under Article 227 of the
                    Constitution of India to direct the Principal Sub Court – cum – Wakf Board
                    Tribunal, Thanjavur District, to dispose of the petition in E.P.No. 29 of
                    2012 in W.O.P.No. 11 of 1999 within the time fixed by this Court.




                                   For petitioner     : Mr.A. Senthilkumar




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                                                                             C.R.P(MD).No. 751 of 2021


                                                       ORDER

This revision has been filed seeking a direction to dispose of

the E.P.No. 29 of 2012 in W.O.P.No. 11 of 1999 on the file of the Principal

Sub Court – cum – Wakf Board Tribunal, Thanjavur District, within the

specified time fixed by this Court.

2. It is evident from the records that the revision petitioner

has filed W.O.P.No. 11 of 1999 for eviction and after trial, the same was

decreed on 25.10.2006 and that thereafter, the decree holder has filed an

Execution Petition in E.P.No. 29 of 2012 for delivery.

3. The learned counsel appearing for the petitioner would

submit that after filing of the W.O.P, the respondent had died and hence,

his legal heirs had been impleaded as the respondents. Though the case

was decreed on 25.10.2006, the decree holders are still unable to enjoy the

fruits of the decree.

4. The High Court has already sent Circulars directing the

Courts to give priority for the disposal of old cases, more particularly, more

https://www.mhc.tn.gov.in/judis/ C.R.P(MD).No. 751 of 2021

than five years old cases.

5. Considering the fact that W.O.P. is of the year 1999 and the

Execution Petition has been laid in the year 2012 in E.P.No. 29 of 2012,

this Court is of the view that necessary direction is to be issued to the

Executing Court, for early disposal. Accordingly, the Principal Sub Court

– cum – Wakf Board Tribunal, Thanjavur District, is hereby directed to

dispose of the E.P.No.29 of 2012 pending on its file, within a period of

three months from the date of receipt of a copy of this order, on merits and

in accordance with law.

6. With the above direction, this Civil Revision Petition is

disposed of. No costs.

29.04.2021

Index : Yes : No Internet : Yes : No trp

https://www.mhc.tn.gov.in/judis/ C.R.P(MD).No. 751 of 2021

To

The Principal Sub Court – cum – Wakf Board Tribunal, Thanjavur

District.

https://www.mhc.tn.gov.in/judis/ C.R.P(MD).No. 751 of 2021

K.MURALI SHANKAR,J.

trp

C.R.P(MD).No.751 of 2021

29.04.2021

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