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Madras High CourtCRP/6259/2025allowed

Saleem v. Head Of The Jamath (Jamia Masjid)

2025-12-10Honourable Mr.Justice P.B. Balaji4 pages

2025:MHC:2917

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI Saleem Petitioner(s) Vs Head of the Jamath, (Jamia Masjid) Rep. by its Muthavalli Mr.M.B.Athavullah, Son of Babu Sahib, Avoor Village and Post, Kilpennathur Taluk, Tiruvannamalai District.

Respondent(s) PRAYER Civil Revision Petition has been filed under Article 227 of the Constitution of India, to direct the District Munsif cum Judicial Magistrate, Kilpennathur to dispose of the suit in OS No.43 of 2025 (Old OS No.47 of 2023) pending on its file in a stipulated time to be fixed by this Court. For Petitioner(s):

Mr.R.Mohan

ORDER

Plaintiff is the revision petitioner. The plaintiff filed O.S.No.47 of 2023, which came to be renumbered as O.S.No.43 of 2025 before the District Munsif cum Judicial Magistrate, Kilpennathur. The suit was filed for recovery of possession. The suit was initially decreed and when the decree was put to execution, the defendant has taken out an application for setting aside the exparte decree along with an application to condone the delay. Thereafter, the said application came to be allowed and now the suit is posted for trial.

2. The learned counsel for the petitioner states that the defendant also filed written statement and the suit having been filed in the year 2023, the petitioner has prayed for expeditious disposal of the suit.

3. Considering that the suit has been filed for recovery of possession and already resulted in exparte decree on 31.07.2023 and now it has been restored on account of the application filed by the defendant to condone the delay and to set aside the exparte decree, I am inclined to allow the revision petition by directing the District Munsif, Kilpennathur to expedite the trial and dispose of the suit on or before 30.04.2026.

4. With the above directions, this Civil Revision Petition stands allowed. No costs.

10-12-2025 Index:Yes/No Speaking/Non-speaking order Jeni

P.B.BALAJI J.

Jeni 10-12-2025