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2023 Supreme(Mad) 2316

N. SESHASAYEE
S. Kamalchand Baid – Appellant
Versus
Jumma Mosque Rep by its Mutawalli Chennai – Respondent


Advocates appeared:
For the Petitioners:P.R. Raman, for C. Seethapathy, Assisted by A. Umasankar, Advocates. For the Respondent:N.A. Nissar Ahmed, Senior Counsel for S.Q. Yusuf, Advocate.

JUDGMENT

(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 29.11.2019 passed in I.A.No.1 of 2019 in O.S.No.4345 of 2019 by the XVIII Additional Judge, City Civil Court, Chennai, and allow the revision.)

1. The plaintiffs whose plaint has been returned by the City Civil Court, Chennai, over which it is pending for its presentation before the Wakf Tribunal, has challenged the said order in this revision under Article 227 of the Constitution.

2. The case of the plaintiffs in short is that:

* The properties described in ''A'' schedule were purchased by their predecessors in title of the plaintiffs, vide three sale deeds executed in 1907, 1925 and 1930. ''B'' schedule properties lies adjacent to ''A'' schedule properties and the same predecessors in title are the lessees of the properties under the respondent herein. Of them, the respondent have since taken possession of the B schedule property. (In the course of the hearing the counsel for the plaintiffs/revision-petitioners informed the court, that the suit for injunction as concerning the B-schedule property has since become infructuous.

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