A.V.Shirazi (Deceased) v. Allathu Bilhari Trust,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2023
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU andA.No.5546 of 2013 1.A.Y.Shirazi (Deceased)
2. Nargis Begum Shushtary (Deceased) 3.Syed Mohammed Sheerazice 4.Syed Ali Shirazie 5.Syed Abhas Sheeraice (Deleted) (5th Plaintiff deleted as per Order dated 20.10.2022 in Appl.No.4663/2022 and time extended as per Order dated 22.12.2022) 6.Saeedeh Mirza (Plaintiffs 3 to 6 brought on record as legal heirs of deceased plaintiffs vide Order dated 30.03.2007 in Appl.No.2779 and 2780 of 2007) 7.Renate G.Pusicha Shirazi (7th Plaintiff is brought on record as legal heirs of the deceased first plaintiff and amended as per the Order dated 17.02.2016 in Appl.Nos.763 to 765 of 2016 and Order dated 06.09.2016 in Appl.Nos.4424 & 4425 of 2016) .. Plaintiffs
Versus
1.Alllahu Bilhari Trust Rep by its Trustee, Mr.Syed Ali (deceased) 1 / 5
Mr.S.Mardhuns Raziaq Ali 53, Armenian Street, Chennai - 600001 (Amended as per Order dated 17.02.2016 in Appl.No.763 to 765 and Order dated 06.09.2016 in Appl.Nos.4424 & 4425 of 2016) 2.Sarkar-E-Abbassi Trust 210, Anna Salai, Thousand Lights Mosque Chennai - 600 006 Rep. by its President Mr.Syed Ali Ispahani (deceased) Mr.Habib Husain (Trustee of Second Defendant substituted by Order dated 08.12.2020 on Memo in Appl.No.5546 of 2013) (As per Order dated 23.01.2023 passed in Appl.No.4662/2022, the name of the second defendant is striked out) 3.Syed Ali (Deceased) (3rd defendant impleaded in I.A.No.136 of 2011 as per Order dated 30.11.2011.) 4.S.Tajnisa Syed (Deceased) 5.S.Mardhuns Raziaq Ali 6.S.Fyzee Nazar Ali 7.S.Nowbal Hajara 8.S.Rahamath Shaheela 9.S.Shameen Hudhaya 10.Safiya Bilal 11.S.Araf Anwali Ali (Defendants 5 to 11 are impleaded as legal heirs of the deceased 3rd defendant as per Order dated 08.12.2020 in Appl.No.5546 of 2013) .. Defendants 2 / 5
Civil Suit filed under Order VII Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C. for the following reliefs : a) for a declaration to declare the alleged will dated 16.11.1995 as null and void and of no effect and not binding on the plaintiffs; b) for a permanent injunction restraining the defendants herein or their agents or servants or anyone acting on their behalf from dealing with the property and in particular, the suit schedule mentioned properties-Item Nos.I and II in any manner pursuant to the alleged will dated 16.11.1995; c) for costs.
For Plaintiffs : Mr.C.A.Diwakar for P3 to P6 For Defendants : Mr.M.Devaraj for D1 & D5 to 11
JUDGMENT
This suit has been filed seeking for a declaration that the alleged will dated 16.11.1995 as null and void and of no effect and not binding on the plaintiffs and for a permanent injunction restraining the defendants herein or their agents or servants or anyone acting on their behalf from dealing with the property and in particular, the suit schedule mentioned properties, they are Item Nos. I and II in any manner pursuant to the alleged will dated 16.11.1995.
2. Heard the learned counsel for the plaintiffs and the learned counsel for the defendants.
3 / 5
3. The parties to the suit had filed a Joint Memo of Compromise which brings an end to the dispute between the parties that has been pending before this Court for almost two decades. The said Joint Memo of Compromise is recorded and shall form part and parcel of this Judgment.
4. M/s.Sama Abdullah, Power of Attorney representing the plaintiffs; Mr.C.Mardhuns Raziaq Ali, the fifth defendant who is also Trustee of the the first defendant and Mr.S.Fyzee Nazeer Ali, the sixth defendant who is also the Power Agent of defendants 7 to 11 were present before this Court. This Civil Suit is decreed in terms of the Joint Memo of Compromise dated 26.04.2023.
5. Accordingly, the Civil Suit stands disposed of. No costs. Registry is directed to draft the decree.
dhk 26.04.2023 Index : Yes Internet: Yes 4 / 5
K.KUMARESH BABU, J.
dhk 26.04.2023 5 / 5