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Madras High CourtA/8212/2018ordered

Khan Sahib Mahadi Hussain, v. Feroz

2018-11-30Honourable Mr Justice R. Suresh Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 30TH DAY OF NOVEMBER 2018 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.8212, 8217 & 8219 of 2018 in C.S. No.1306 of 1992 E.Feroz residing at Gulistan, No.9, Sardar Patel Road, Adyar, Madras - 600 020. ... Plaintiff -Versus1. Khan Sahib Mahdi Hussain Sahib Wakf estate, represented by its Muthavalli Mrs.Shanoo Khaleel No.32/1, R.V.Road, Basavangudi, Bangalore - 4.

2. Mrs.Shanoo Khaleel (Deceased)

3. A.Mohamed Ali 'Gulistan', No.9, Sardar Patel Road, Adyar, Madras - 20.

4. A.Asgar Ali (deceased)

5. Mrs.Hasina Begum (deceased)

6. Zahir Hussain alias Niaz

7. Farida Begum

8. Asif Hussain

9. Mrs.Naseera Begum Defendant 6 to 9 are residing at 'Gulistan', No.9, Sardar Patel Road, Adyar, Madras - 20.

10. M.A.Subban 12, Damodarpuram, Adyar, Madras - 600 020.

11. Mrs.Mumtaz Begum Residing at No.32, Coles Road, Contonment, Bangalore.

12. M.A.Sattar (died)

13. Modi Habibullah 24, Bore Bank Road, Benson Town, Bangalore - 46.

* 14. Mrs.Shameem Mecci *15. Mr.Yusuf Hussain, rep.by its P.A.Holder, Mr.Shameem Mecci, * 16. Mr.A.A.Khaleel Defendants 14 to 16 residing at No.14, Plot No.25, Advocate Janakiraman Street, Muthu Lakshmi Nagar, Chitlapakkam, Chennai - 600 064.

* D14 to D16 impleaded as per order dated 21.09.2007 in Appl.No. 3517 of 2007 extended dated 03.04.2008. * 17. Modi Azeem, Son of Modi Abdullah No.24, 2nd Cross Wheeler Road, Sindhi Colony, Bangalore - 560 006.

* (17th defendant impleaded as per order dated 05.10.2009 in A.No.870 of 2001) * 18. Mrs.Reshma, D/o. late Parveen Banu * 19. Ms.Kiran D/o. late Parveen Banu * Defendants 18 & 19 are residing at No.27, Pantheon Apartments, Pantheon Road, Egmore, Chennai - 600 008.

* 20. Mrs.A.Shahin Alam, D/o. Late Hussain Begum, * 21. Mr.Abbas Hussain, S/o. Late Hasina Begum * D21 name amended as per order of this court dated 23.03.2011 in A.No.1745 of 2011 in C.S.No.1306 of 1992.

* 22. Mr.Mohamed Hussain, S/o. Late Hasina Begum Defendants 20 to 22 are residing at No.9, New No.112, Sardar Patel Road, Adyar, Chennai - 600 020.

* (D18 to D22 impleaded as LRs of deceased d5 as per orders in A.No.4929 of 2010 dated 15.09.2010.) * 23. Khalid Mohammed Modi, S/o. Late M.A.Sattar No.32, 3rd Floor, Cotts Road, Frazer Town, Bangalore - 560 019.

* (D23 Defendant impleaded as L.Rs of 12th defendant as per the order of this court dated 17.02.2011 and extended by orders dated 24.02.2011 & 28.02.2011 in A.No.949 of 2011 in C.S.No.1306 of 1992.) * 24. Dr.Mrs.Nahid Khaleel * 25. Mrs.Salmakhaleel Defendants 24 and 25 residing at 32/1, R.V.Road, Basavangudi, Bangalore - 4.

* (Defendants 24 and 25 are brought on record as legal heirs of the deceased 2nd defendant as per order dated 24.01.2013 in A.No.322 of 2013) ** 26. Mrs.Sarwari Begum, W/o. Late A.Asgar Ali ** 27. Mrs. Nawreen Fathima, D/o. late A.Asgar Ali ** 28. Mr.Arshed Ali, S/o. late A.Asgar Ali Defendants 26 to 28 are residing at No.E-145, 5th Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai - 600 041.

... Defendants ** (Defendants 26 to 28 are brought on record as legal heirs of deceased 4th defendant and as per order dated 25.02.2014 in A.No. 1362 of 2014 & Extended as per order dated 10.03.2014 in C.S.No.1306 of 1992.) A. Nos.8212, 8217 & 8219 of 2018:- Khan Sahib Mahdi Hussain Sahib Wakf Estate, rep. by Advocate Receiver, Mr.V.Pauldas, Advocate, No.66, Additional Law Chambers, High Court Compound, Chennai-600 104... Applicant/Advocate Receiver-1st Defendant -Versus1. Mr.E.Feroz S/o.Late A.Ebrahim Ali, Gulistan, No.9, Sardar Patel Road, Adyar, Chennai-600 020. ... 1st Respondent/Plaintiff

2. Mrs.Shanoo Khaleel (Deceased)

3. Mr.A.Mohamed Ali, S/o.Late Akbar Ali, 'Gulistan', No.9, Sardar Patel Road, Adyar, Chennai-600 020.

4. Mr.A.Asgar Ali (died) rep. by Legal Heirs Respondents 26 to 28

5. Mrs.Hasina Begum (deceased)

6. Mr.A.Zahir Hussain, S/o.Late Amir Ali,

7. Ms.Farida Begum D/o.Late Amir Ali,

8. Mr.Asif Hussain S/o.Late Amir Ali,

9. Mrs.Naseera Begum W/o.Amir Ali, 6 to 9 are residing at 'Gulistan', No.9, Sardar Patel Road, Adyar, Madras - 20.

10. Mr.M.A.Subban S/o.late Abbasi Begum, No.12, Damodarpuram, Adayar, Chennai-600 020.

11. Mrs.Mumtaz Begum D/o.late Abbasi Begum, No.32, Coles Road, Contonment, Bangalore.

12. M.A.Sattar (Deceased)

13. Modi Habibullah S/o.Late Mrs.Abbasi Begum, No.24, Bore Bank Road, Benson Town, Bangalore - 46.

14. Mrs.Shameem Mecci, W/o.Sajjad Ahmed Mecci,

15. Mr.Yusuf Hussain, rep.by its P.A.Holder, Mr.Shameem Mecci,

16. Mr.A.A.Khaleel, 14 to 16 residing at No.14, Plot No.25, Advocate Janakiraman Street,

Muthu Lakshmi Nagar, Chitlapakkam, Chennai - 600 064.

17. Modi Azeem, Son of Modi Abdullah No.24, 2nd Cross Wheeler Road, Sindhi Colony, Bangalore - 560 006.

18. Ms.Reshma, D/o. late Parveen Banu

19. Ms.Kiran D/o. late Parveen Banu 18 & 19 are residing at No.27, Pantheon Apartments, Pantheon Road, Egmore, Chennai - 600 008.

20. Mrs.A.Shahin Alam, D/o. Late Hasina Begum,

21. Mr.Abbas Hussain, S/o. Late Hasina Begum

22. Mr.Mohamed Hussain, S/o. Late Hasina Begum 20 to 22 are residing at No.9, New No.112, Sardar Patel Road, Adyar, Chennai - 600 020.

23. Mr.Khalid Mohammed Modi, S/o. Late M.A.Sattar No.32, 3rd Floor, Cotts Road, Frazer Town, Bangalore - 560 019.

24. Dr.Mrs.Nahid Khaleel, D/o.Late Shanoo Khaleel,

25. Mrs.Salmakhaleel, D/o.Late Shanoo Khaleel, 24 and 25 residing at No.32/1, R.V.Road, Basavangudi, Bangalore-560 004.

26. Mrs.Sarwari Begum, W/o. Late A.Asgar Ali

27. Mrs. Nawreen Fathima, D/o. late A.Asgar Ali

28. Mr.Arshed Ali, S/o. late A.Asgar Ali 26 to 28 are residing at

No.E-145, 5th Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai - 600 0041.

2 to 28 Respondents/ Defendants 2 to 28 A. No.8212 of 2018:- Application praying that this Hon'ble Court be pleased to condone the delay of 20 days in filing the statement for the period from 01.01.2018 to 25.02.2018. A. No.8217 of 2018:- Application praying that this Hon'ble Court be pleased to condone the delay of 33 days in filing the statement for the period from 01.07.2017 to 30.09.2017. A. No.8218 of 2018:- Application praying that this Hon'ble Court be pleased to condone the delay of 33 days in filing the statement for the period from 01.10.2017 to 31.12.2017. These applications coming on this day before this court for hearing in the presence of Mr.V.Paul Das, advocate for the applicant/Advocate Receiver in all applications and Mr.Satish Babu, advocate for the 1st respondent in all applications and Ms.

Syed Basha, advocate for the 3rd respondent in all applications and Mr.Vanagamudi, Advocate for the respondents 18 to 20 in all applications and Mr.G.Mohammed Aseef, advocate for the 10th respondent in all applications and upon reading the Judge's Summons and the affidavit of V.Paul Das filed in A. Nos.

8212, 8217 and 8219 of 2018 and the learned Advocate Receiver having submitted that only during these periods, for his personal reason, he had been abroad, for about six months, therefore there had been little delay in filing these accounts and the learned counsel for the 3rd respondent having submitted that he has received the copy of accounts from the learned Advocate Receiver and prima facie, he has objection as to the merits of the accounts, it is ordered as follows:- That the delay of (a) 20 days in filing the statement for the period from 01.01.2018 to 25.02.

(b)33 days in filing the statement for the period from 01.07.2017 to 30.09.2017 and (c) 33 days in filing the statement for the period from 01.10.2017 to 31.12.2017 for filing the accounts, on the side of the learned Advocate Receiver be and are hereby condoned.

2. That the 3rd respondent herein shall be at liberty to file his objection to the merits of the accounts, submitted by the learned Advocate Receiver, covering the three quarter periods, in these applications, before the Registry and that shall be decided in accordance with law.

WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 30TH DAY OF NOVEMBER 2018. Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KLY T-21.02.2019 A. Nos.8212, 8217 & 8219 of 2018 in C.S. No.1306 of 1992 ORDER :- DATED 30.11.2018 THE HON'BLE MR.JUSTICE R.SURESH KUMAR FOR APPROVAL:22/02/2019 APPROVED ON:22/02/2019 Copy to:-

1. Mr.V.Pauldas, Advocate Receiver, No.66,Addl. Law Chambers, High Court Compound, Chennai-600 104.

2. Receiver seat