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Madras High CourtTR CMP/494/2016disposed of

K.A.M.Educational Trust v. Thanveer Ahmed

2016-09-06Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Tr.CMP.No.494/2016 & CMP.No.13441/2016 K.A.M.Educational Trust, Vellore rep.by its Founder/Managing Trustees K.Afsar Having office at No.2/99E, Bangalore Road, Konavattam Vellore 632 013.

.. Petitioner Vs.

1.Thanveer Ahmed 2.Mr.Tufail Ahmed General Secretary The Islamic Centre at Vellore.

.. Respondents Transfer Petition filed under section 24 of Code of Civil Procedure to withdraw OS.No.51/2016 from the file of the Waqf Tribunal/Sub Court, Vellore and transfer to the Waqf Tribunal/City Civil Court at Madras.

For Petitioner :

M/s.A.Ajimath Begam For R-1 :

Mr.S.Ganesh

ORDER

The petitioner filed this Transfer Petition to withdraw the suit in OS.No.51/2016 from the file of the Waqf Tribunal/Sub Court, Vellore, and to transfer the same to the City Civil Court at Chennai.

When the Transfer Petition was taken up for hearing, the learned counsel for the petitioner fairly submitted that she filed this Transfer Petition only for the purpose of an early disposal as the learned Subordinate Judge was on medical leave. According to the learned counsel, the learned Subordinate Judge has rejoined the duty and as such, she is not pursuing the application for transfer. The learned counsel wanted this Court to fix an outer time limit for disposal of the application in IA.No.71/2016 in OS.No.51/2016.

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The learned counsel for the 1st respondent submitted that he has no objection for fixing outer time limit for the disposal of the interlocutory application in IA.No.71/2016. According to the learned counsel, the 1st respondent would cooperate for an early disposal of the matter. The learned Subordinate Judge, Vellore / Waqf Tribunal, is directed to dispose of the application in IA.No.71/2016 in OS.No.51/2016 as expeditiously as possible and in any case, within a period of ten weeks from the date of receipt of a copy of this order.

The Transfer Petition is disposed of with the above direction.

No costs.

Consequently, the connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar AP To 1.The Subordinate Judge/Waqf Tribunal Vellore.

+1 cc to M/s.A.Ajimath Begam Advocate sr 50954 +1 cc to Mr.S.Ganesh Advocate sr 50491 Tr.CMP.No.494/2016 aa20/09/2016 https://hcservices.ecourts.gov.in/hcservices/