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2005 Supreme(Mad) 695

R.BANUMATHI
Haji V. S. T. Mohammed Abubacker & Others – Appellant
Versus
Asami Beevi & Others – Respondent


Advocates Appeared:For the Petitioners:K. Srinivasan, Advocate. For the Respondents: No Appearance.

Judgment :-

(Civil Revision Petition, filed under Sec.115 Civil Procedure Code against the order dated 04.09.2002 passed in I.A.No.133 of 2002 in O.S.No.158 of 1992 by the Second Additional District Munsif, Tirunelveli as stated therein.)

This Civil Revision Petition is directed against the order of the Second Additional District Munsif, Tirunelveli dated 04.09.2002 in I.A.No.133 of 2002 in O.S.No.158 of 1992, dismissing the Petition filed under Order 6 Rule 17 C.P.C seeking to amend the Plaint.

2. O.S.No.158 of 1992:-

The Suit Property relates to 6 Acres 4 Cents in Survey No.584/1 Keelaveeraraghapuram Village, Melapalayam Registration Sub District, Tirunelveli Registration District. Case of the Plaintiffs is that the Suit Property and other properties were originally purchased by V.S.T.Thamus Thaseem Tharaganar from one Abdul Kader Tharaganar under the Registered Sale Deed dated 09.01.1908. The Purchaser - V.S.T.Thamus Thaseem Tharaganar was in possession and enjoyment of the property. Later, he has endowed the said properties by the Wakf Nama dated 26.12.1931. The Suit Property is given as Item No.19 in the said Sale Deed. Ever since the endowment, the suit property forms part of t































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