Madras High Court
Nazeer Ahahmed vs Asma Beevi on 6 July, 2023
C.R.P.(MD) No.1588 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2023
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P.(MD) No.1588 of 2023
Nazeer Ahahmed ... Petitioner
Vs.
Abdul Salam (Died)
Bathurunisha (Died)
Ummul Hasaanath (Died)
1.Asma Beevi
2.Janab Habeebur Rahman
3.Rameela Beevi
4.Abdul Hameed
Samsunish (Died)
5.Thajunnisa Bibi
Noorzahan (Died)
6.Subitha Beevi
7.Ayisha Beevi
8.Janab Abdul Kasim
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C.R.P.(MD) No.1588 of 2023
9.Pappammal
Kaja Mohideen (Died)
10.Maimoon Bibi
11.Janab P.C.A. Kaleezlur Rahman
12.Janab Mohamed Farook
13.Subaidha Bibi
14.Janab Mohammed Shareef
15.Kairunhisa Begam
16.Tajdeen
17.Jeenathunnisa Begam
18.Kathija Beevi
19.Ameena Beevi
20.Shajahan
Sabeera Bebi (Died)
Jawaharanisha (Died)
21.Bazheera Begam
22.Ayisa Beevi
23.S.A.Habeebur Rahman
24.S.A.Abdul Rasheeth
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C.R.P.(MD) No.1588 of 2023
25.S.A.Sulthan Ibrahim
26.S.A.Jamal Mohamed
27.S.A.Ayisa
28.S.A.Kajamoideen
29.Fathima Beevi
30.Abdul Gani
31.Fowjiya Begam
Mohamed Ali (Died)
32.Arifa Begam
33.Habeebunnisha Begam
34.Mohamed Farook
35.Sowkath Ali
36.Junaitha Begam
37.Sabarooth Begam
Mumtaj Begaum (Died)
38.Saraammal
39.Ahamed Sait
40.Jabarulla
41.Jamal Mohamed
42.Akbar Ali
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C.R.P.(MD) No.1588 of 2023
43.Mohamed Iliyas
44.Arifba Beguam
45.Kaleel Rahaman
46.Ayesha Beevi
47.Mohamed Sirajudheen
48.A.Jamman Begam
49.A.Mohammed Sihabudheen
50.S.Aakila Begam
51.Junaitha Parveen
52.Jaithoon Banu
53.A.Habeen Rahuman
54.A.Mujibur Rahman
55.M.Fathima Begam
56.J.Amina Parveen
57.A.Kaleel Ahamed
58.Samsat Begam
59.Mohamed Thoufeek
60.Sulthan Tajdeen
61.Mohamed Tharis
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C.R.P.(MD) No.1588 of 2023
62.Thamimul Ansari
63.A.Sheik Abdulla
64.Syed Ibrahim
65.S.Asif Maideen
66.A.Mohamed Ismail
67.M.Sabura Begam
68.M.Mohamed Iliyas
69.M.Sumaiya Begam
70.M.Hajarammal
71.M.Syed Abuthahir
72.Syed Mohamed
73.Mohamed Jeydeen
74.Mohamed Farook
75.Jahir Ali
76.Mujbar Rahaman
77.Ubaithur Rahaman
78.Mohamed Yaseen
79.Ameena Begam
P.C. Mohamed Ibrahim (Died)
PCA.Abdul Azees (Died)
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C.R.P.(MD) No.1588 of 2023
PCA.Mohamed Jabar (Died)
80.Alima
81.Mohamed Rabesh
82.M.Raziya
83.Aysha Rahina
84.Mohamed Sahapudin
85.Fathima Rajana
86.Parisha Beevi
87.A.Sabeer Hamad
88.Nazeer Mohideen
89.Aysha Beevi
90.A.Sheik Allaudeen
91.Mohamed Hussain ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of
India, to direct the Sub Court, Vedachandur, to dispose of I.A.No.43 of 2017 in
O.S.No.1 of 2012 on the file of the Sub Court, Vedachandur within the time
stipulated by this Court.
For Petitioner : Mr.A.Shajahan
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C.R.P.(MD) No.1588 of 2023
ORDER
This Civil Revision Petition is filed to direct the Sub Court,
Vedachandur, to dispose of I.A.No.43 of 2017 in O.S.No.1 of 2012 on its file
within a time to be stipulated by this Court.
2. The petitioner is the Plaintiff No.12 in O.S.No.1 of 2012 on the file of
the Sub Court, Vedachandur. The suit was originally filed before the
Subordinate Court, Dindigul in O.S.No.69 of 1983 which was later transferred
to the Sub Court, Vedachandur and renumbered as O.S.No.1 of 2012. A
preliminary decree was passed in the suit in O.S.No.1 of 2012 on 29.11.2013.
Aggrieved by the same, the defendants 50 to 58 preferred an appeal before the
Principal District Court, Dindigul in A.S.No.19 of 2014 which was also
dismissed by the Judgment and Decree dated 19.07.2017, against which,
S.A(MD)No.175 of 2021 was filed before this Court. The said Second Appeal
was dismissed vide Judgment dated 18.03.2021.
3. Thereafter, the petitioner filed I.A.No.43 of 2017 to pass a final decree
in O.S.No.1 of 2012. Meanwhile, one Wasim Raja who purchased suit property
from various plaintiffs filed I.A.No.500 of 2022 and the petitioner filed I.A.No.
502 of 2022 to amend the short cause title and long cause title.
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C.R.P.(MD) No.1588 of 2023
4. According to the petitioner, the respondents 17, 18, 20, 21, 45, 76
were dragging the final decree proceeding by way of filing I.As. and the
petitioner is unable to enjoy the fruits of the decree. It is submitted that though
I.A. was filed for final decree and Advocate Commissioner was appointed and
Report of the Advocate Commissioner was filed, the Trial Court has failed to
pass final decree which causes great hardship to the petitioner.
5. Considering the grievance addressed by the petitioner, the learned Sub
Court, Vedachandur is directed to pass appropriate orders on merits in the final
decree petition in I.A.No.43 of 2017 in O.S.No.1 of 2012, expeditiously, within
a period of one month from the date of receipt of a copy of this order.
6. This Civil Revision Petition is disposed of . No cost.
06.07.2023
NCC :Yes/No
Internet: Yes/No
Index: Yes/ No
jen
To
The Sub Court,
Vedachandur.
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https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1588 of 2023
K.GOVINDARAJAN THILAKAVADI, J.
jen
C.R.P.(MD) No.1588 of 2023
06.07.2023
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