Rafeeq Ahmed v. K. Mohammed Anwar Basha Saheb

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Civil Revision Petition No.2789 of 2024 Rafeeq Ahmed ..... Petitioner -Versus1.K.Mohammed Anwar Basha Saheb K.Bahsheer Ahmed (Deceased) C.Azeema Bi (Deceased) 2.K.Farooq Ahmed 3.Iqbal Ahmed Mustaq Ahmed (Deceased) K.Moti Begum (Deceased) 4.K.Samshunnesa Begum 5.Kurshid Begum M.M.Nizar Ahmed (Deceased) 6.N.Shakeel Ahmed 7.M.Shahale Ahmed 8.M.Shameel Ahmed 9.M.Ahil Ahmed 10.K.Kareem 11.K.Rahmathunnesa 12.K.Siraj Begum

13.K.Azeeza Begum 14.C.M.Noorjahan 15.K.Akthar Banu 16.K.Gowar Banu 17.K.Shabana Banu @ Sumaya 18.K.Imran Ahamed 19.K.Hajira Banu P.Anwar Basha (Deceased) 20.Nesath 21.Nahid 22.Naseera 23.Nayeera 24.V.L.Afshan Banu 25.K.Nazar Mohammed 26.K.Niyaz Ahmed 27.P.Mohammed Faraz 28.P.Nida 29.Minor P.Fiza ..... Respondents Petition filed under Article 227 of the Constitution of India praying to direct the learned Additional Subordinate Judge at Vellore, to complete the enquiry and pass orders in I.A.No.413 of 1998 in O.S.No.99 of 1953 and all connected pending applications therein within the time limit to be stipulated by this court.

For Petitioner : Mr.Arvind Sreevatsa

ORDER

The petitioner is the 6th respondent in I.A.No.413 of 1998 on the file of the learned Additional Subordinate Judge at Vellore. The above said application had been filed for passing of a final decree in a suit which is more than 70 years old. The suit for partition was instituted some time in 1953 and the same is still pending at the stage of final decree.

2. When the matter came up for admission before this court on 25.07.2024, Hon'ble Mr.Justice M.Nirmal Kumar, called for a report from the learned Additional Subordinate Judge at Vellore, as to how long it would take for him to dispose of the final decree application. In compliance thereof, the learned Additional Subordinate Judge has sent a report stating that she would dispose of the application within a period of two months from August, 2024.

3. Taking into consideration the report that has been filed, the learned Additional Subordinate Judge is granted three months' time as against her request for two months. The learned Additional Subordinate Judge is requested to give sufficient opportunities to both parties and ensure that the application in I.A.No.413 of 1998 in O.S.No.99 of 1953 is disposed of without any further delay.

In the result, the civil revision petition is disposed of with the above directions. No costs.

Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Additional Subordinate Judge, Vellore, Vellore District.

V.LAKSHMINARAYANAN.J., kmk