Madras High CourtCRP PD/42/2004dismissed as infructuous

Mohideen Abdul Kadar Maraicair v. M.S.Ahmed Satakathullah(Died)

2019-02-04Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2019 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR C.R.P.(PD)No.42 of 2004 and C.M.P.No.492 of 2004 Mohideen Abdul Kadar Maraicair Charities, Rep. by its present Trustee Moothavalli, Haji A.Hasan Abdul Kader.

.. Petitioner Vs.

1. M.A.Ahmed Sarakathullah Maraicair(died)

2. Abdul Haleem Mariacair

3. The Nagapattinam Municipality, Rep. by its Commissioner, Kadampadi, Nagapattinam Taluk & Munsif.

4. Tamil Nadu Wakf Board, Rep. by The Chief Executive Officer, Santhome High Road, Chennai 600 004.

5. A.Syed Sagarwan Nachiar

6. A.Syed Abdul Kadar

7. Habeebunisha

8. Chitti Fathima Nachiar

9. Yahood Peerthose

10. Baheerudeen Ali Ahmed

11. Kuraishia

12. Basaria (R5 to R13 brought on record as LR's of the deceased 1st respondent vide court order, dated 12.07.2018 in CRP(PD) 42 of 2004 .. Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decreetal 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 to R3 and R5 to R13 : No appearance For R4 : Mr.Esakkiraja

O R D E R

This revision has been filed against the order and decreetal 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 and younger brother has a right to seek for the 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.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssi

1. The Principal Subordinate Court, Nagapattinam. Copy to:

The Section Officer, V.R.Section, Madras High Court. +1cc to Mr.Mohammed fayaz Ali, Advocate sr.no.9441 CRP.(PD) No.42 of 2004 and C.M.P.No.492 of 2004 nr 19/03/2019