← Library
Madras High CourtCRP/1022/2018allowed

Adyar Baithulmal, v. S. Mohammed Kamil

2021-07-29Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.5423 of 2018 Adyar Baithulmal, Regd Society Bearing Regn No.566/07, Rep. by its Secretary, K.A.Mohideen Meera ..Petitioner Vs.

1.S.Mohammed Kamil 2.R.Akhtar Ansari 3.K.Hussain Wahab 4.M.Dulkarnai 5.Khursani Peer Dargah and Mosque, Managing Committee, Rep. by M.A.Wasiem 6.Meeran Mohideen 7.Mohammed Yusuf 8.M.Mohideen 9.Mohammed Ali 10.Abdul Khader 11.Mohammed Yunus Sait 12.Mohammed Ilias 13.R.Akthar Hansari 14.Tamil Nadu Wakf Board, Rep.by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-1 ..Respondents 1/4

PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 21.02.2018 passed in IA.No.11033 of 2016 in OS.No.281 of 2012 on the file of the XI Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr.N.A.Nissar Ahmed For Respondents For R14 : Mrs.R.Sripriya for Mr.V.Lakshminarayanan R1 to 13 : No appearance

ORDER

This Civil Revision Petition is filed against the fair and decretal order dated 21.02.2018 passed in IA.No.11033 of 2016 in OS.No.281 of 2012 on the file of the XI Assistant Judge, City Civil Court, Chennai, thereby allowing the petition to implead the 14th respondent as party to the suit.

2. The petitioner is the plaintiff and the respondents are the defendants. The petitioner field suit for bare injunction in respect of the suit property. While pending the suit, the respondents 1 to 4 herein filed petition to implead the 14th respondent herein as party to the suit. The petitioner filed detailed counter and the 14th respondent 2/4

herein made endorsement to the effect that they have no objection. Recording the said endorsement, the court below allowed the petition without considering the counter filed by the petitioner herein. Therefore it is liable to be set aside.

3. Accordingly, this civil revision petition is allowed and the order dated 21.02.2018 passed in IA.No.11033 of 2016 in OS.No.281 of 2012 on the file of the XI Assistant Judge, City Civil Court, Chennai is set aside. The application in IA.No.11033 of 2016 in OS.No.281 of 2012 is remanded back to the trial court for fresh disposal. The court below is directed to consider the counter filed by the petitioner and decide the application on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. No order as to costs.

29.07.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To The XI Assistant Judge, City Civil Court, Chennai.

3/4

G.K.ILANTHIRAIYAN,J.

lok 29.07.2021 4/4