Hajee Md.Ghouse Gori Sahib v. Sherfuddin @ Ghouse Basha,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.BASKARAN CMP(MD) No.10829 of 2017 IN SA(MD) No.100 of 2016 1 HAJEE MOHAMMED GHOUSE, GORI SAHIB DURGA TRUST BY J.GHULAM MOHAMMED, REP BY POWER OF ATTORNEY AGENT, MOTHI JAN 2 J.MEERA MUZAFAR ALI ... PETITIONERS /PETITIONERS/ APPELLANTS Vs 1 SHERFUDDIN @ GHOUSE BASHA, S/O.SYED GHULAM MOHAMMED 2 ABVAS BASHA 3 JANI BASHA 4 MOHIDEEN BASHA 5 HABIBUNNISA (DIED) 6 HALIMUNNISAN (DIED) 7 ABDUL UNNISSA 8 DHANNAM 9 PERIAKKA 10 ANJALAI 11 LAKSHMI W/O.MANICKAM 12 LAKSHMI W/O.SOUNDARARAJAN NAIDU 13 AMEER 14 RASHEED 15 SHANSUDEEN 16 RAHIM CYCLE SHOP 17 DHANAM 18 NARSHIMHAN 19 RAJESWARI 20 MUTHIAN 21 THIRUMALAI MUDALIAR 22 SAHARBHAN BIBI 23 KALIRAJAN 24 DHANAKODI 25 GOPAL ACHARI 26 AMEERUDIN 27 PONNAIAH
28 ABDUL SATHAR 29 ALIKHAN 30 RAYAPPA ASARI 31 PAKKIRISAMI PILLAI 32 WAHAB 33 FATHIMA BI 34 SYED JAFFAR 35 GANESAN TEA STALL 36 NATARAJAN 37 C.RAMADURAI 38 VASUDEVAN 39 RENGANAYAKI 40 MARIYAM BI (IMPLEADED AS PER ORDER IN IA.NO.217/90 DATED.17.9.1990) 41 YUSUFF ABDUL KAREEM 42 ARIFF ABDUL KAREEM 43 HUSSAIN ABDUL KAREEM 44 AHMED ABDUL KAREEM 45 HANEEF ABDUL KAREEM 46 KATHEEJA IQBAL ABDUL KAREEM 47 UMAR IQBAL 48 THABUSAM IQBAL 49 MOHAMMODA 50 AZEEZ BATCHA 51 ELIYAZBASHA 52 ABDUL HAMEED 53 K.M.ABBAS 54 SYED BADRUDEEN ... RESPONDENTS/RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the interim order granted by this Honourable Court in CMP (MD) No.3647 of 2016 in SA(MD) No.100 of 2016 dated 20.4.2017 pending disposal of the above second appeal and pass such further or other orders as this Honourable Court deems fit and proper in the circumstances of the above cases and thus render justice. Prayer in SA(MD). 100/ 2016 :
To prefer this memorandum of Second Appeal against the Judgment and Decree passed in A.S.No.136 of 2005 on the file of the Learned I Additional District Judge (PCR), Tiruchirapalli dated 05.06.2007 partly allowing the appeal against the Judgment and Decree passed in O.S.No.1034 of 1979 on the file of I Additional Subordinate Judge, Trichirapalli dated 27.11.2003. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.PRAKASH, Advocate for the petitioner and of Mr.AJMAL KHAN, Senior Counsel for M/S AJMAL ASSOCIATES on behalf of the Respondents 41 to 48, court made the following order:-
This petition has been filed to extend the interim order granted by this Court in C.M.P(MD)No.3647 of 2016 in S.A(MD)No.100 of 2016 dated 20.04.2017 pending disposal of the above Second Appeal.
2.Interim order was granted on 20.04.2016 directing the respondent to maintain Status-quo for six weeks. Subsequently, the interim order was not extended. The petitioner has come forward with this petition seeking to extend the said order dated 20.04.2016, to maintain Status-quo.
3.The petitioner/plaintiff further states that taking advantage of the non-extension of the interim order, the respondents are taking attempts to put up constructions in the place which is meant only for religious purpose. Hence, the petitioner sought for extension of status-quo. However, the learned counsel for the respondent contented that the initial order of status-quo granted was lapsed and now it cannot be extended. Further the learned counsel appearing for the respondents undertook to maintain the position as it is he will and advise the respondent not to put up any new construction. The said oral undertaking given before this Court is recorded and taken into consideration by this Court. 4.In such circumstances, this Court is not inclined to allow this petition.
5.Accordingly, in view of the undertaking given by the learned counsel for the respondent, this petition is closed. sd/- 24/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE FIRST ADDITIONAL SUBORDINATE JUDGE , TIRUCHIRAPALLI 2 THE FIRST ADDITIONAL DISTRICT JUDGE(PCR), TIRUCHIRAPALLI JAM/19.12.17/-PM-PN/SAR 3/ 3P-3C
ORDER
IN CMP(MD) No.10829 of 2017 IN SA(MD) No.100 of 2016 Date :24/11/2017