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Madras High CourtCRP/2660/2009dismissed as infructuous

M. Joghee v. Jumma Mosque Ootacamund

2017-07-18Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2017 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI CRP NPD No.2660 of 2009 and M.P.No.1 of 2009 M.Joghee ...

Petitioner vs.

1. Jumma Mosque, Ootacamund a Muslilm Public Religious and Charitable Wakf Notified under Supplement to Part II of the Fort St. George Gazette dated 19.11.1958 and Represented by its (i) President cum Managing Trustee Mr.H.Y.Alil Sait, son of H.M.Yoonus Sait, a Muslim Businessman, aged 59 years residing at Southwich, Coonoor Road, Uthagamandalam - 643 001.

(ii) Muthawali, Nizzar Ahamed Sait, Son of Abdul Sattar Sait, a Muslim Businessman, aged about 56 years Residing at Moosa Sait Complex, Commercial Road, Uthagamandalam - 643 001.

2. Tamil Nadu WakfBoard having its office at New No.7 (Old No.4) 9th Cross Street, Indira Nagar, Adyar, Chennai - 600 020.

... Respondents

Prayer :- Civil Revision Petition filed under Section 83 of the Wakf Act against the order and decreetal dated 22.03.2006 in Wakf OP No.73 of 2004 on the file of Subordinate Judge of Nilgiris at Udagamandalam. For Petitioner : Mrs.AL.Gandhimathi For Respondents : No appearance for R1 Mr.Mohamed Fayaz Ali for R2

O R D E R

This Civil Revision Petition is filed against the order and decreetal dated 22.03.2006 passed in Wakf OP No.73 of 2004 on the file of Subordinate Judge of Nilgiris at Udagamandalam.

2. When the matter is taken up for hearing, the learned counsel for the second respondent submitted that pending Civil Revision Petition, the petitioner died and the Legal Representatives of the petitioner handed over the possession of the property to the first respondent and hence nothing survives in this petition.

3. Recording the submission made by the learned counsel for the second respondent, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

18.07.2017 rgr To The Subordinate Judge of Nilgiris Udagamandalam.

V.M.VELUMANI, J.

rgr CRP NPD No.2660 of 2009 18.07.2017