← Library
Madras High CourtA/310/2022withdrawn dismissed

A.Mohammed Abubucker v. Vahit Nisha Begum And 3 Others

2022-06-29Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 29TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A. No.310 of 2022 in C.S. No.420 of 2019

1. Vahit Nisha Begum, W/o.Mohammed Ali Zinna, Plot No.4378, TNHB Colony, Villapauram Housing Board, Madurai 625 011.

2. Moideen Jil Bihar, W/o. J.Mohammed Moosa, Plot No.1002, TNHB Colony, Near Tawqaq Pallivasal, Villapauram Housing Board, Madurai 625 011.

... Plaintiffs -Versus1. A.Mohammed Abubucker, S/o. late Abbas Rowther, Old No.11, New Door No.1, Vedavalli Street, Saligramam, Chennai 600 093.

2. The Managing Director, Housing Development Finance Corporation Ltd., 2nd Floor, ITC Center, No.760, Anna Salai, Chennai 600 002.

3. The Manager, Indian Overseas Bank, Saligramam Branch,

Chennai 600 093.

... Defendants A. No.310 of 2022 :- A.Mohammed Abubucker, S/o. late Abbas Rowther, Old No.11, New Door No.1, Vedavalli Street, Saligramam, Chennai 600 093.

... Application Vs.

1. Vahit Nisha Begum, W/o.Mohammed Ali Zinna, Plot No.4378, TNHB Colony, Villapauram Housing Board, Madurai 625 011.

2. Moideen Jil Bihar, W/o. J.Mohammed Moosa, Plot No.1002, TNHB Colony, Near Tawqaq Pallivasal, Villapauram Housing Board, Madurai 625 011.

3. The Managing Director, Housing Development Finance Corporation Ltd., 2nd Floor, ITC Center, No.760, Anna Salai, Chennai 600 002.

4. The Manager, Indian Overseas Bank, Saligramam Branch, Chennai 600 093.

...Respondents

Application praying that this Hon'ble Court be pleased to send the listed documents 1 to 10 to internal Handwriting expert viz.

S.No. Date Discription --------------------------------------------------------------------------------------------

1. 23.4.2015 Hiba executed by A.S.Ibrahim Rowther to and in my favour in respect of Schedule-B Item.1 of the suit property vide document stamp paper serial No.AX260204

2. 23.4.2015 Hiba executed by A.S.Ibrahim Rowther to and in my favour in respect of Schedule-B Item.2(a) of the suit property vide document stamp paper serial No.AX260202

3. 23.4.2015 Hiba executed by A.S.Ibrahim Rowther to and in my favour in respect of Schedule-B Item.2(b) of the suit property vide document stamp paper serial No.AX260201

4. 23.4.2015 Hiba executed by A.S.Ibrahim Rowther to and in my favour in respect of Schedule-B Item.3 of the suit property vide document stamp paper serial No.AX260209

5. 28.10.2013 Will executed by A.S.Ibrahim Rowther to and in my favour in respect of the suit property vide registered document No.99 of 2013

6. 7.8.2014 Memorandum of Agreement executed between M/s. I.V.Cine Production/ M/s.Tamil Annai Cine Creation rep. By A.S.Ibrahim Rowther and M/s. Velankanni Films, rep. By S.D.Gunasekar

7. 13.5.2015 Letter in the letter pad of Rowther Films, Chennai along with Form-A addressed to the Commissioner, Commercial Tax Department, Chennai - 600005.

8. 7.5.2015 Photo copy of Cheque No.297795 for Rs. 44,120/- drawn in favour of Self, Bank-IOB

9. 7.5.2015 Photo copy of Cheque No.297794 for Rs. 20,090/- drawn in favour of Sri Venkateshwara Paints Bank-IOB issued by A.S.Ibrahim Rowther

10. 7.5.2015 Photo copy of Cheque No.297793 for Rs. 8,000/- drawn in favour of V.Gunasekaran Bank-IOB, issued by A.S.Ibrahim Rowther

11. 22.10.2021 External Handwriting Expert Report to compare and verify the signature of A.S.Ibrahim Rowther and file a report thereon in C.S.No.420 of 2019 be not passed. This Application coming on this day before this court for hearing, the court made the following order:- The learned counsel appearing for the petitioner seek permission of this Court to withdraw this Application and he has also made an endorsement to that effect.

2.Recording the submission and endorsement made by the learned counsel appearing for the petitioner, this Application is dismissed as withdrawn.

Sd./-KRJ.

29/06/2022 //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. EVK 20/07/2022