B.Najma Be v. K.O.Abdul Salam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2020
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN and C.M.P.No.23108 of 2018
1. B.Najma be 2.M.Firose Kadhum ... Petitioners in all CRPs.
-Vs1.K.O.Abdul Salam
2. The Sub-Registrar, Sub Registrar Office, Uthiramerur.
3. The Thasildhar Taluk Office, Uthiramerur.
4. The Revenue Divisional Officer, Collectorate Compound, Kanchipuram.
5. The State rep. By its District Collector, Collectorate compound, Kanchipuram.
... Respondents in all CRPs K.O.Abdul Rafeek K.O.Abdul Haium ... Respondents in CRP Nos.
4202 & 4206 of 2018 1/5
COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 19th September 2018 by the Learned District Munsif cum Judicial Magistrate at Uthiramerur in I.A.Nos.368, 369, 370, 371 of 2018 in O.S.No.80 of 2017.
For Petitioners : Mr.B.Narayanan For Respondents : Mr.T.M.Pappaiah, Special Government Pleader (for R2) Mr.Y.T.Aravind Gosh, Additional Government Pleader (for R3 to R5) COMMON ORDER The Civil Revision petitions in CRP.Nos.4201, 4202, 4206 and 4205 of 2018 are against the orders passed in I.A.Nos.368, 369, 370 and 371 of 2018 respectively in O.S.No.80 of 2017.
2. I.A.Nos.368 and 369 of 2018 were filed seeking to reopen and amend I.A.No.447 of 2017 which is an application under order XXXIX Rule 1 and 2 of Code of Civil Procedure, seeking an interim injunction restraining the defendants in the suit from interfering with the plaintiffs peaceful possession of the suit property. I.A.Nos.370 and 371 of 2018 2/5
are applications to reopen and amend I.A.No.448 of 2017 which is an application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, for an injunction against the defendants restraining them from encumbering or alienating the property subject matter of O.S.No.80 of 2017.
3. It is now stated by the learned counsel for the petitioners that pending the above Civil Revision petitions, I.A.Nos.447 and 448 of 2017 namely the injunction applications have been disposed of by the trial Court on 04.01.2019. Once the main applications for injunction have been disposed of, I do not think anything survives in these Civil Revision petitions.
4. The learned counsel for the petitioners would, however, submit that because of the pendency of the revisions before this Court, the petitioners herein who had suffered an order of injunction, had not chosen to challenge the final orders passed in I.A.Nos.447 and 478 of 2017.
5. It is open to the petitioners herein to challenge the final orders 3/5
passed in I.A.Nos.447 and 448 of 2017 by filing an appropriate application for condonation of delay, pointing out the pendency of these Civil Revision petitions. These Civil Revision petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
08.09.2020 Index : Yes/No Speaking order / Non Speaking order vum To The District Munsif cum Judicial Magistrate, Uthiramerur.
4/5
R.SUBRAMANIAN, J.
vum C.R.P (PD).Nos.4201, 4202, 4205 & 4206 of 2018 and C.M.P.No.23108 of 2018 08.09.2020 5/5