IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mrs.Justice K. GOVINDARAJAN THILAKAVADI
NAZEER AHAHMED – Appellant
Versus
ABDUL SALAM (DIED) BATHURNIS – Respondent
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
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
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
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
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)
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 2018 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
O R D E R
This Civil Revision Petition is filed to direct the Sub Court, Vedachandur, to dispose of I.A.No.43 of 2018 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 2018 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.
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 petiti
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.