Raziya Begum, v. M.H.Abdul Fathah,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No. 4653 of 2025 and CMP No.23559 of 2025 Raziya Begum Petitioner(s) Vs
1. M.H.Abdul Fathah, 2.Abdul Razack,(Died) 3.M.H.Abdul Hameed 4.Sayeed Ahmed 5.AyshaSidiqua 6.M.H.Noorunnissa 7.Sabiha Begum 8.Wajiha Begum 9.Mahabunnissa 10.Arifa Begum 11.Mohammed Mudassir 12.Mohammed Muzackir 13.Mohamed Ismail Munthasir (minor) Rep. by his mother Mrs.Arifa Begum (10th respondent) 14.Aysha Naseema 15.Nabila Tasneem 16.A.R.Abdus Samad 17.F.M.Noor UI Eman 18.M.Shahina Tabassum 19.F.M.Mariyam Fathima 20.F.M.Anees Fathima 21.A.Shamshad 22.Hunaida Alia 23.Asim Zubair 24.Mariam Lawadh 25.A.R.Manna Ghalia 26.Osama Salim
(R2 died (R1 to R26 are brought on record as LRS of the deceased R2 viz., Abdul Razack vide order of this Court dated 05.11.2025 made in CMP No.27038 of Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India, praying to allow this Civil Revision Petition and set aside the Order passed by the Learned III Additional City Civil Court, Chennai, in I.A.No.5 of 2025 in O.S.No.2025 of 2021 dated 09.09.2025. For Petitioner(s):
Mr.K.Karthikeyan for Mr.Mohamed Ehtheshamuddin For Respondent(s):
Mr.K.Murugesh Kasivel for R1 and R3 to R20 R2 died No appearance for R21 to R26
ORDER
This matter is listed under the caption "for reporting compliance" today.
2. The learned counsel for the petitioner submitted that the conditional order dated 17.12.2025 has been duly complied with.
3. Mr.K.Murugesh Kasivel, learned counsel entered appearance for the respondents 1, 3 to 20 and agreed with the submission made by the learned counsel for the petitioner.
4. In view of the above, as observed in the order dated 17.12.2025, the revision will have to be allowed. Accordingly the Civil Revision Petition is
allowed, by condoning the delay in filing the application to set aside the exparte preliminary decree.
5. The suit is ripe for trial as the written statement has been filed. Hence, the trial Court viz., the III Additional Judge, City Civil Court, Chennai, is directed to expedite the trial in the suit in O.S.No.2025 of 2021 and shall endeavour to dispose of the same on merits and in accordance with law, by 30.04.2026. Subject to the out come of the preliminary decree, it shall be open to either parties to either continue or revive the final decree application. 06-01-2026 vum Index : Yes / No Speaking order / Non Speaking Order To The III Additional Judge, City Civil Court, Chennai.
P.B. BALAJI,J.
vum CRP No. 4653 of 2025 and CMP No.23559 of 2025 06.01.2026