Hazarath Khader, Aulia Wakf v. Syed Ibrahim Rasheed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.567 of 2018 Hazarath Khader Aulia Wakf, Tiruchirappalli, Rep. by its Muthawalli, Janaba Mehtaj, Jalal Khudri Street, Madurai Road, Tiruchirappalli -8 ... Petitioner / 1st Respondent / Plaintiff vs.

1. Syed Ibrahim Rasheed ... Respondent / Appellant / 1st Defendant

2. Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffar Sirang Street, Vallal Seethakadhi Nagar, Chennai - 1.

... Respondent / 2nd Respondent / 2nd Defendant PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Tiruchirappalli to dispose of A.S.No.13 of 2017 against O.S.No.740 of 2013 on the file of the Principal District Munsif Court, Tiruchirappalli, within a time frame as fixed by this Hon'ble Court. For Petitioner : Mr.M.Karunanithi *****

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Tiruchirappalli, to dispose of the appeal in A.S.No.13 of 2017, within a stipulated time limit.

2. Among other things, the learned Counsel for the petitioner/plaintiff would submit that the petitioner, as plaintiff, has filed the suit in O.S.No.740 of 2013 before the Principal District Munsif Court, Tiruchirappalli, for the relief of recovery of possession and other reliefs. The said suit was decreed in favour of the petitioner/plaintiff on 03.11.2016 and challenging the same, the first respondent, as appellant, has filed A.S.No.13 of 2017 before the Sub Court, Tiruchirappalli. Though the appeal was instituted in the year 2017, the same is https://hcservices.ecourts.gov.in/hcservices/

kept pending without any progress and apprehending some urgency, the petitioner is before this Court seeking a direction for early disposal of the appeal proceedings.

3. Heard the learned Counsel for the petitioner and perused the materials available on record. Notice to the respondents is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the appeal proceedings.

4. Though the appeal is of the year 2017, considering the facts and circumstances of the case and also the fact that the suit is of the year 2013, this Court is of the view that ends of justice will be met if a direction is issued to the learned Judge for early disposal of the appeal proceedings. Accordingly, without adverting into the merits of the case, the learned Subordinate Judge, Tiruchirappalli, is directed to dispose of the appeal in A.S.No.13 of 2017 within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Principal District Munsif Court, Tiruchirappalli. 2.The Subordinate Judge, Tiruchirappalli.

+1cc to Mr.M.Karunanithi, Advocate Sr.No.56403 GK VB/JC/SAR1/03.04.2018/2P/4C C.R.P.(PD)(MD)No.567 of 2018 16.03.2018 https://hcservices.ecourts.gov.in/hcservices/