Shaik Hussain vs T.M.Abubacker
2024 Latest Caselaw 523 Mad

Citation : 2024 Latest Caselaw 523 Mad
Judgement Date : 8 January, 2024

Madras High Court

Shaik Hussain vs T.M.Abubacker on 8 January, 2024

C.M.A.(MD).No.211 of 2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 08.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL

C.M.A.(MD)No.211 of 2014
and
M.P(MD) No.2 of 2014

1. Shaik Hussain
2. Abdul Kadar
3. Amshath Ali
4. Ismail
5. Mariyam Beevi
6. Mydeen Beevi
7. Kasi Mohamed
8. Gosh Meera Beevi ... Appellants/Respondents/Defendants

-vs-

1. T.M.Abubacker
2. Hasan Mohideen @ Md Hasen,
3. Mohamed Gani
4. Ismail Beevi
5. Rashitha Beevi
6. Massod Begum
7. Mydeen Abdul Kadar
8. Asan Kani ... Respondents/Petitioners/Plaintiffs
(Respondents 7 and 8 for themselves and
on behalf of the Vadakarai Muslim persons
Under Order 1 Rule 8 of C.P.C)

1/5
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.211 of 2014

PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Code
of Civil Procedure, 1908, against the fair and decretal order dated 06.02.2014
made in I.A.No.82 of 2013 in O.S.No.67 of 2013 on the file of the Principal
District Court, Tirunelveli.

For Appellants : Mr.V.George Raja
for M/s.Ajmal Associates
For Respondents : Mr.J.Ashok
for M/s. Jeyapaul Associates

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the appellants as

against the fair and decretal order dated 06.02.2014 made in I.A.No.82 of

2013 in O.S.No.67 of 2013 on the file of the Principal District Court,

Tirunelveli.

2. Already the case was listed on 04.01.2024. At the request of the

learned counsel for the both side, the matter was posted today under the

caption “for orders”.

3. When the matter is taken up for hearing today, the learned counsel

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

appearing for the appellants represented that already the main suit itself was

withdrawn from the Principal District Court, Tirunelveli and returned the

plaint on the ground of jurisdiction. Hence, the order passed by the Principal

District Court, Tirunelveli is without jurisdiction. Therefore, the injunction

granted by the District Court is liable to be set aside.

4. The learned counsel appearing for the appellants has produced the

copy of the order passed in C.R.P(PD)(MD) No. 2360 of 2014, dated

16.03.2022, wherein, this Court has passed an order in paragraph No. 3 is

extracted herein:

“3. As per said judgment, only the Wakf Board Tribunal has jurisdiction to try the matter. Therefore, the learned Principal District Judge, Tirunelveli, is directed to return the plaint to the revision petitioners to present the same before the appropriate Court. Since the suit is pending from the year 2013, the Wakf Board Tribunal, (*) Chennai is directed to dispose of O.S.No.67 of 2013 within a period of four months from the date of filing the petition.”

5. In view of the above said facts, the order passed in I.A.No.82 of

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

2013 in O.S.No.67 of 2013 on the file of the Principal District Court,

Tirunelveli is set aside. This Civil Miscellaneous Appeal is allowed. There

shall be no order as to costs. Consequently, connected Miscellaneous Petition

stands closed.




                                                                                        08.01.2024
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi



                     To
                     1. The Principal District Court,
                       Tirunelveli.

                     2. The Section Officer,
                        Vernacular Records,