Yusuf v. Ajijin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN Yusuf ... Petitioner Vs.

1. Ajijin

2. Ajirun

3. Amiyun

4. Ramijabi

5. Allah Baksh

6. Meherum ... Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 26.10.2017 in I.A.No.Nill/2017 in O.S.No.12 of 2013 on the file of the learned Subordinate Judge, Gudiyatham.

For Petitioner : Mr.D.Rajagopal For Respondent : Not ready in notice.

ORDER

The Civil Revision Petition is directed as against the order dated 26.10.2017 passed by the learned Subordinate Judge, Gudiyatham, in unnumbered I.A. in O.S.No.12 of 2013, thereby rejecting the petition to send intimation to the Sub Registrar, Gudiyattam, as not maintainable. 2.

The petitioner is the decree holder in the suit in O.S.No.12 of 2013 for partition and he was allotted share in the suit schedule property. Thereafter, he filed a petition to send intimation to the Sub Registrar, Gudiyattam to make entry in the relevant register about the passing of the decree with regard to the allotment of his share. The trial Court dismissed the said petition without even numbering the same, as against which the present Civil Revision Petition. 3.

It is seen from the records revealed that admittedly, the petition was filed after the period of 120 days from the decree dated 22.01.2013. Therefore, the Court below rightly rejected the petition and this Court finds no illegality or infirmity in the order passed by the Court below.

4.

Accordingly, this Civil Revision Petition stands dismissed. There shall be no order as to costs.

16.07.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To

1. The Subordinate Judge, Gudiyatham.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 16.07.2021