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2009 Supreme(SC) 317

S.B.SINHA, V.S.SIRPURKAR
MUTHAVALLI OF SHA MADHARI DIWAN WAKF s. J. SYED ZAKRUDEEN – Appellant
Versus
SYED ZINDASHA – Respondent


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) APPLICABILITY of the provisions of Order I Rule 10 of the Code of civil Procedure (the Code) in a proceeding under Section 18 of the Land acquisition Act, 1898 (the `act') is in question in this appeal which arises out of a Judgment and Order dated 8-11-2006 passed by a learned Single judge of the Madras High Court, Madurai Bench, Madurai in Civil Revision petition (P. D.) (M. D.) No. 743 of 2006.

( 3 ) APPELLANT claims himself to be a Muthavalli of Sha Madhari Diwan wakf. The said properties were acquired by the State of Tamil Nadu in terms of the provisions of `the Act'. Appellant as a `person interested' took part in the proceedings for making an award. Being dissatisfied with the quantum of compensation awarded by the Land Acquisition Collector, he sought for a reference for enhancement thereof pursuant whereto and in furtherance whereof the Collector of the District made a reference to the civil Court. The said reference was transferred to the Court of Second additional Subordinate Judge, Tiruchirappalli by the learned District Judge. Prior thereto, a suit for recovery of possession of certain properties and damages was instituted by


























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