M.A.Ahamed Sadakathullah v. Nagoor Mohideen Abdul Khader
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2019 CORAM :
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR C.R.P. (NPD)No.617 of 2004 M.A.Ahamed Sadakathullah Maraicair .. Petitioner Vs.
1. Nagoor Mohideen Abdul Khader, Maraicair Trust, Represented by Haji A.Hassan Abdul Khader, No.32, South Street, Nagore.
2. Abdul Haheem Maraicair
3. The Nagapattinam Municipality, Rep. by its Commissioner, Nagapattinam Municipality, Nagapattinam.
4. The Tamil Nadu Wakf Board, Chennai 600 005.
.. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and final order, dated 22.08.2003, made in W.O.P.No.4 of 2001, on the file of the Principal Subordinate Court, Nagapattinam.
For Petitioner : Mr.Bhagavath Krishnan for Mr.Srinath Sridevan For R1 & R2 : No appearance For R3 : Given up (Cause title) For R4 : Mr.Esakkiraja
O R D E R
This revision has been filed against the fair and final order, dated 22.08.2003, made in W.O.P.No.4 of 2001, on the file of the Principal Subordinate Court, Nagapattinam.
2. The matter pertains to two brothers claiming right over the trust properties. The main crux of the issue is as to whether the elder brother or younger brother has a right to seek for the https://hcservices.ecourts.gov.in/hcservices/
property.
3. According to the learned counsel appearing for the Wakf Board the property belongs to the Wakf Board and that the original trustee who filed the suit is no more further his brother against whom he has sought for the relief, is also no more. Hence, nothing survives in the revision petition and hence it has becomes infructuous.
4. Accordingly, this Civil Revision Petition is dismissed as infructuous. No cost.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssi To
1. The Principal Subordinate Court, Nagapattinam. Copy to:
2. The Section Officer, V.R.Section, Madras High Court. CRP.(NPD) No.617 of 2004 nr 19/03/2019 https://hcservices.ecourts.gov.in/hcservices/