Hindustan Petroleum Cor., v. A. Abdul Khader
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Third day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.542 of 2018 IN AS(MD) No.13 of 2018 and AS(MD) No.12 & 14 of 2018 HINDUSTAN PETROLEUM CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS REGIONAL MANAGER OFFICE AT THALAMUTHU NATARAJAN BUILDING GANDI IRWIN RD,PB NO.3045 EGMORE, CHENNAI - 600 008.
... PETITIONER/APPELLANT/DEFENDANT Vs 1.A. ABDUL KHADER (DIED) AMENDED AS PER ORDER IN I.A.236/2002.
2.A. MAHABOB BASHA 3.KATHOON BEGAM 4.NOORJAHAN 5.SALIMA BIBI 6.AMEERUNISA 7.MOHAMMED YUSUF 8.GUL MOHAMMED 9.JAN BASHA RESPONDENTS 3 TO 9 REPRESENTED BY THEIR POWER OF ATTORNEY A.MOHAMMED BASHA 2nd RESPONDENT/PLAINTIFF. 10.DILSHATH BEGUM 11.ASIA BEGUM, 12.ABBAS 13.ABDULLA 14.S. MOHAMMED KALANJIAM (SINCE DEAD) 15.R.M. SETHU 16.M. MOHAMMED MANSOOR 17.M. MOHAMMED UBAYATHULLA 18.M. MOHAMMED ARIF 19.M. SAMSEENA 20.M. USMANIYAKANI ... RESPONDENTS/RESPONDENTS/PLAINTIFFS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of AD-Interim stay of all further proceedings pursuant to the Decree dated 19.12.2016 in the suit O.S.No.110 of 2010 on the file of the 1st Additional District Judge (PCR) Tiruchirapalli till the disposal of the above Appeal and thus render justice.
Prayer in AS(MD). 13/ 2018 :
Pleased to set aside the judgement and decree dated 19.12.2016 in O.S.No.110 of 2010 on the file of the 1st Additional District Court(PCR) Tiruchirapalli and dismiss the suit with costs throughout and thus render justice.
Prayer in AS(MD). 12/ 2018 :
To set aside the Judgment and decree dated 19.12.2016 in O.S.No.24 of 2008 on the file of the 1st Additional District Court (PCR), Tiruchirapalli and decree the suit with costs throughout and thus render justice.
Prayer in AS(MD). 14/ 2018 :
To set aside the Judgment and decree dated 19.12.2016 in O.S.No.137 of 2010 on the file of the 1st Additional District Court (PCR), Tiruchirapalli and decree the suit with costs throughout and thus render justice.
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.M.SRIDHER, Advocate for the petitioner and of Mr.K.S.VAMSIDHAR, Advocate for the Caveator, the court made the following order:- Both side counsel are present.
The appellant side counsel is not ready for arguments. At this request, post on 11.01.2019 under the same caption. Interim order, if any is extended till then.
sd/- 03/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE 1st ADDITIONAL DISTRICT JUDGE, (PCR), TIRUCHIRAPALLI.
ORDER
IN CMP(MD) No.542 of 2018 IN AS(MD) No.13 of 2018 and AS(MD) No.12 & 14 of 2018 Date :03/01/2019 MS/VR/SAR-1/08.01.2019/3P.2C