A.Thowlath Nooriya v. Ibrahim Ammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P(MD)No.608 of 2025 A.Thowlath Nooriya ... Petitioner Vs.

1.Ibrahim Ammal 2.Noor Muhammad 3.Seenimeerangani 4.Mohammed Arabi 5.Adam Malik 6.Kulsia Bhanu 7.Kabatullah 8.Inimathu Nisha 9.Habilabanu 1/6

10.The Sub Registrar, Sub-Registrar Office, Velipattinam, Ramanathapuram Town, Ramanathapuram District.

11.The District Registrar, District Registrar Office, Government of Tamil Nadu, Vandikaran Street, Ramanathapuram Town, Ramanathapuram Distirct.

12.The District Collector, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to expedite the trial of the I.A.No.58 of 2024 filed by the petitioner in O.S.No.50 of 2022 on the file of the Additional District Judge, Ramanathapuram and dispose of the same within a time frame fixed by this Court and pass such further or other orders as this Court.

For Petitioner : Mr.GR.Balakumar For R-10 to R-12 : Mr.B.Saravanan Additional Government Pleader 2/6

ORDER

This Civil Revision Petition has been filed seeking a direction to expedite the trial of the I.A.No.58 of 2024 filed by the petitioner in O.S.No.50 of 2022 pending on the file of the learned Additional District Judge, Ramanathapuram within a time stipulated by this Court.

2. According to the revision petitioner, the revision petitioner as plaintiff filed O.S.No.50 of 2022. In the meantime, the petitioner filed a writ petition before this Court seeking direction against the Registrar to issue the certificate of encumbrance. This Court disposed of the writ petition by directing the petitioner to file an I.A in the pending suit, making the registering authority as respondents in the I.A and not as defendants in the main suit and further directed that as and when such an I.A is filed, it shall be numbered immediately and disposed of as expeditiously as possible. Thereafter, the petitioner filed an interim injunction petition and the same was numbered as I.A.No.58 of 2024. Having a grudge against the petitioner, the District Registrar and the Sub Registrar along with the private respondents are taking attempts to create further encumbrance over the petitioner's properties. Hence, the present Civil Revision Petition is filed by the petitioner. 3/6

3. Heard the learned counsel appearing for petitioner and the learned Additional Government Pleader appearing for the official respondents.

4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Additional District Judge, Ramanathapuram, to expedite the trial as expeditiously as possible.

5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned Additional District Judge, Ramanathapuram to expedite the trial of the I.A.No.58 of 2024 filed by the petitioner in O.S.No.50 of 2022 pending on his file, within a period of one (1) month from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed. 31.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 4/6

To 1.The Additional District Judge, Ramanathapuram.

2.The Sub Registrar, Sub-Registrar Office, Velipattinam, Ramanathapuram Town, Ramanathapuram District.

3.The District Registrar, District Registrar Office, Government of Tamil Nadu, Vandikaran Street, Ramanathapuram Town, Ramanathapuram Distirct.

4.The District Collector, Ramanathapuram, Ramanathapuram District.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 31.01.2025 6/6