Syed Mohideen (Died) v. Hazarath Nabi Sallalahu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.7355 of 2016 IN CRP(MD) No.400 of 2005 1 SYED MOHIDEEN (DIED) ... REVISION PETITIONER 2 M.SYED SALAUDIN 3 A.ZARINA JABEEN ... PETITIONERS/PROPOSED PETITIONERS Vs 1 HAZARATH NABI SALLALAHU ALEHI O SULLUM WAKF, REP. BY ITS TRUSTEES, HOLDING OFFICE AT NO.7, JALAL KUDIRI STREET, MADURAI ROAD, TIRUCHIRAPPALLI-620 008.
2 I.SYED ISMAIL ... RESPONDENTS 1&2/RESPONDENTS 1&2 3 SHEIK MOHIDEEN ALIAS RAJA (DIED) ... 3rd RESPONDENT IN C.R.P 4 SYED HAROON ... 3rd RESPONDENT/4th RESPONDENT 5 SYED YUSUF (DIED) ... 5th RESPONDENT IN C.R.P 6 SYED RAHIM (DIED) ... 6th RESPONDENT IN C.R.P 7 ASRAFUNNISSA ALIAS AFTAB BEGAM(DIED) ... 7th RESPONDENT IN C.R.P 8 HASEENA BEGUM (DIED) ... 8th RESPONDENT IN C.R.P 9 SYED DASTAGIR 10 N.AMEER 11 NOORJAHAN BEGUM ... RESPONDENTS 4 TO 6/RESPONDENTS 9 TO 11 12 SHERFUNNISSA, (DIED) ... 12th RESPONDENT IN C.R.P 13 KARUMUNNISSA 14 S.SYED ANWAR 15 SYED UMAR ... RESPONDENTS 13 TO 15/ RESPONDENTS 13 TO 15 16 HAMIDHUNNISSA(DIED) ... 16th RESPONDENT IN C.R.P 17 R.SYED USMAN RASHID(DIED) ... 17th RESPONDENT IN C.R.P .
18 DR.R.SYED MAMOON RASHID(DIED) ... 18th RESPONDENT IN C.R.P
19 R.SYED IBRAHIM RASHID 20 MAHABOOB SHERIFF 21 HEERA BEGUM 22 S.M.G. LIYAKATH ALI 23 S.M.G.SYED UMAR 24 ASHRAFUNNISSA 25 FARIDHA BEGAM 26 SALMA BIBI ... RESPONDENTS 19 TO 26/ RESPONDENTS 19 TO 26 27 MUSTHAFA 28 AKBAR 29 MOHAMED ESAK 30 MALIKA BEGUM 31 MUMTAJ BEGUM ... RESPONDENTS 27 TO 31/ RESPONDENTS 27 TO 31(LR OF R3) 32 R.SYED JABBAR ... 32nd RESPONDENT/PROPOSED/ 32 RESPONDENT (LR OF R6) 33 ROSHAN ALI KHAN 34 ASHRAFI BEGUM 35 SAFARABI 36 MUKTHIYAR BEGUM ... RESPONDENTS 33 TO 36/PROPOSED RESPONDENTS 33 TO 36 (LR OF R8) 37 IBRAHIM 38 KULSUM ... RESPONDENTS 37 AND 38 PROPOSED RESPONDENTS 37 AND 38(LR OF R12) 39 U.SYED RIZWAN RASHEED 40 U.NAFEES BEGUM ... RESPONDENTS 39 AND 40 PROPOSED RESPONDENTS 39 AND 40(LR OF R17) 41 M.SYED HAROON RASHEED 42 M.SYED HEEROON RASHEED 43 M.SYED HILAL RASHEED 44 M.SYED ZAMEERUN RASHEED 45 M.
RUKSHANA PERVEEN ... RESPONDENTS 41 TO 45/PROPOSED RESPONDENTS 41 TO 45 (LR OF R18) Petition filed under IV Rule 9(2) Appellate Side Rules stated therein, and in the to Condone the delay of 2490 days in representing the above applications in MP(MD) SR.No.12564 to 12571 in C.R.P(NPD)(MD) No.400 of 2005 .
Prayer IN C.R.P(NPD)(MD) No.400 of 2005 :- Civil Revision Petition under Section 115 of C.P.C. to set aside the fair and decreetal order in I.A.598/1999 in O.S.44/1952 on the file of the Principal Subordinate Judge's Court at Tiruchirappalli .
ORDER : This petition coming on for hearing on this day upon perusing the petition and the affidavit filed in support thereof and material papers and upon hearing the arguments of M/S.K.GOVINDARAJAN, Advocate for the Petitioner and of MR.R.DEVARAJ, Advocate for R1 and MR.J.PAREKH KUMAR, Advocate for R20 to 24 and 25
and M/S.J.ANANDHAVALLI, Advocate for Respondents 11 and 23 and MR.S.MEENAKSHISUNDARAM, Advocate for R10 the Court made the following order:- This petition is filed seeking to condone the delay of 2490 days in representing the applications in M.P.(MD)SR.No.12564 to 12571 in C.R.P.(NPD)No.400 of 2005.
2. Heard the learned counsel for the petitioners.
3. In the affidavit filed in support of the petition, it is averred that the applications were misplaced in his office and after much endeavour, it was traced out from the disposed bundles. Except the bald and vague statements, the petitioners have not given any valid and convincing reasons to condone the enormous delay.
4. This Court is of the opinion that the petitioners have not shown sufficient cause for condoning the delay.
5. In the result, the petition is dismissed.
sd/- 08/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL SUBORDINATE JUDGE, TIRUCHIRAPPALLI. COPY TO:- THE SECTION OFFICER, V.R.SECTION/RECORD, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.K.GOVINDARAJAN Advocate SR.No.42958 +1. C.C. to M/S.R.DEVARAJ, Advocate SR.No.43265 +1. C.C. to M/S.J.ANANDHAVALLI Advocate SR.No.42516 RL/6C/3P/DB/SAR3/7.10.2016 ORDER Date :08/08/2016
ORDER
CMP(MD) No.7355 of 2016 IN CRP(MD) No.400 of 2005 GIVING DIRECTIONS AS STATED WITHIN