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Madras High CourtOP/555/2018dismissed for nonprosecution

Minor v.

2022-04-29Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P. VELMURUGAN O.P.No. 555 of 2018 In the matter of Guardian and Wards Act, 1890 And In the Matter of Minor Lukhman Khan, S/o. Mohamed Ali Jinnah born on 21.8.2010 and aged 6 years

1. Mr. Mohamed Ali Jinnah, S/o. Mohamed Shafi, No.79, Parthasarathipet, Old Washermenpet, Chennai.

2. M. Jessima Begum, W/o. Mohamed Ali Jinnah, No.79, Parthasarathipet, Old Washermenpet, Chennai.

... Petitioners Original Petition praying that this Hon'ble Court be pleased to pass an order :- (a) That the said Mr.K.M. Mohamed Ali Jinnah, S/o. Mohamed Shafi, aged about 45 years and Permenantly residing at No.79, Parthasarathipet, Old Washermenpet, Chennai the 1st petitioner herein, Declare to be the

guardian of the person and property of the above named Minor Master. K.M.Lukhman Khan, Son of K.M. Mohamed Ali Jinnah, born on 21.08.2010 aged 6 years.

b) grant leave to the 1st petitioner as guardian of the minor K.M. Lukhman Khan, S/o. K.M. Mohamed Ali Jinnah, for the purpose of entering into sale conveyance and his behalf by conveying his 1/4th share undivided share over the schedule mentioned property which is morefully described in the schedule 'B' mentioned property to an in favour of above mentioned purchaser, or his representative, agents, nominee for the considertion and c) Permit the 1st petitioner to deposit a sum of Rs.5,45,000/- being the Sale Consideration for said K.M.Lukhman Khan, S/o. K.M. Mohamed Ali Jinnah in any capital gains bonds (or) in any Nationalized Bank and to retrieve the interest for the care & Custody of the said minor namely K.M.Lukhman Khan, Son of K.M. Mohamed Ali Jinnah.

This Original Petition coming on this day before this court for hearing in the presence of Mr.P.G. Thiyagu, Advocate for the petitioners herein, and upon reading the Petition and the affidavit of P.G.

That the Petition in O.P.No. 555 of 2018, be and is hereby dismissed for non-prosecution.

WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF APRIL 2022.

Sd/- ASSISTANT REGISTRAR (O.S-II) //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.

ED 12.05.2022 O.P.No. 555 of 2018

ORDER

DATED : 29.04.2022 THE HON'BLE MR. JUSTICE P. VELMURUGAN FOR APPROVAL: 12.05.2022 APPROVED ON : 13.05.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P. VELMURUGAN O.P.No. 555 of 2018 In the matter of Guardian and Wards Act, 1890 And In the Matter of Minor Lukhman Khan, S/o. Mohamed Ali Jinnah born on 21.8.2010 and aged 6 years

1. Mr. Mohamed Ali Jinnah, S/o. Mohamed Shafi, No.79, Parthasarathipet, Old Washermenpet, Chennai.

2. M. Jessima Begum, W/o. Mohamed Ali Jinnah, No.79, Parthasarathipet, Old Washermenpet, Chennai.

... Petitioners Original Petition praying that this Hon'ble Court be pleased to pass an order :- (a) That the said Mr.K.M. Mohamed Ali Jinnah, S/o. Mohamed Shafi, aged about 45 years and Permenantly residing at No.79, Parthasarathipet, Old Washermenpet, Chennai the 1st petitioner herein, Declare to be the guardian of the person and property of the above named Minor Master.

K.M.Lukhman Khan, Son of K.M. Mohamed Ali Jinnah, born on 21.08.2010 aged 6 years.

b) grant leave to the 1st petitioner as guardian of the minor K.M. Lukhman Khan, S/o. K.M. Mohamed Ali Jinnah, for the purpose of entering into sale conveyance and his behalf by conveying his 1/4th share undivided share over the schedule mentioned property which is morefully described in the schedule 'B' mentioned property to an in favour of above mentioned purchaser, or his representative, agents, nominee for the considertion and c) Permit the 1st petitioner to deposit a sum of Rs.5,45,000/- being the Sale Consideration for said K.M.Lukhman Khan, S/o. K.M. Mohamed Ali Jinnah in any capital gains bonds (or) in any Nationalized Bank and to retrieve the interest for the care & Custody of the said minor namely K.M.Lukhman Khan, Son of K.M. Mohamed Ali Jinnah.

This Original Petition coming on this day before this Court for hearing, The Court made the following order:- On earlier occasions, there was no representation for the petitioners. Therefore, when the matter came up before this Court on 27.04.

notice to the parties and the same was returned with an endorsement as "addressee Left without Instruction". Therefore, Registry was directed to print the name of the petitioners.

2. Accordingly, the name of the petitioners has been printed in the cause list. However, none appeared for the petitioners. Therefore, the petition is dismissed for non prosecution.

Sd./- P.V.J 29/04/2022 //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.