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Madras High CourtA/2990/2025allowed

Abbas Ataullah v. A.A.M.Abdullah (Deceased) Habbebunnissa (Deceased) 1.Halima Bi Wakf

2025-10-29Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM

THE HONOURABLE Dr. JUSTICE R.N.MANJULA and C.S. No. 118 of 1975 Md. Abbas Ataullah ...Applicant Vs.

A.A.M.Abdullah (deceased)

...Respondent

HabbebUnnissa (deceased) ...Applicants/Plaintiffs 1.Halima Bi Wakf 2.Rukia Bi Wakf 3.Safia Bi Wakf 4.Habibur Rehman 5.Md.Abdul Wahab 6.Rukia Subhani

...Respondents

Prayer : This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Order 40 Rule 1 of Code of Civil Procedure, praying to appoint Mr. Md.Habibur Rehman, 6th plaintiff herein as the party receiver in the place of the deceased 9th respondent /9th defendant, Mr. M.M.Sayeed, pending disposal of the Application No. 925 of 1982 in C.S. No. 118 of 1975 on the file of this Court.

For applicant : Mr. K.V.Ananthakrushnan For Respondents : Mr. V.Vijaya Baskar (RR1 to 6) Mr. A.Arokiadoss(RR178 to 181 & 183) in A. No. 925 of 1982 (interested party)

O R D E R

The applicant is the 160th respondent in Application No. 952 of 1982. On an application filed for appointing Joint Receivers, the applicant and the 9th respondent / 9th defendant have been appointed.

2. Since the applicant is the only surviving Receiver in view of death of the 9th defendant, he has filed this application seeking to appoint Mr. Md.Habibur Rehman, 6th plaintiff herein in the place of the deceased 9th defendant, Mr. M.M.Sayeed.

3. The plaintiffs also did not have any objections and they have stated the above fact in the affidavit dated 17.10.2025 filed by them.

4. In view of the same, this application is allowed and the relief

prayed by the applicant is granted. No costs. 29.10.2025 Maya

Dr. R.N.MANJULA, J.

Maya and C.S. No. 118 of 1975 Dated : 29.10.2025