Abdul Salam v. K.Mohideen Mastan @ Thangappa,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.09.2015
CORAM:
THE HONOURABLE MR.JUSTICE P.DEVADASS C.R.P(MD)Nos.1847 & 1864 of 2015 1.C.R.P(MD)No.1847 of 2015:- Abdul Salam .. Petitioner/8th Defendant -vs1.K.Mohideen Mastan @ Thangappa 2.K.Mohammed Meeran 3.K.Ali Peer Mohammed 4.K.Mohammed Kasiyar 5.K.Fathimuthu 6.K.Hamedha Begum RR 1 to 6 are rep. By their power of attorney agent M.K.M.Kader Mydeen .. Respondents /Plaintiffs 1 to 6 7.Adam Mastan 8.A.S.Abdul Raheem 9.A.Adam Malik 10.A.Thowlath Fathima 11.A.S.Shek Miyan 12.Hameed Salma 13.K.Mehabub Habuhali 14.A.Seyed ali 15.A.Abdul Samad 16.A.Jaffer Sadiq .. Respondents 7to16/Defendants 1 to 7 & 9 to 11 (RR 7 to 16 are not contesting parties, hence notice on them may be dispensed with) PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal Sub Court, Tirunelveli to dispose of the suit in O.S.No.157 of 2005 within the time frame fixed by this Court.
2.C.R.P(MD)No.1864 of 2015:- Abdul Salam .. Petitioner/1st Plaintiff -vs-
1.K.Mohideen Mastan @ Thangappa 2.K.Mohammed Meeran 3.K.Ali Peer Mohammed 4.K.Mohammed Kasiyar 5.K.Fathimuthu 6.K.Hamedha Begum 7.A.Jaffer sadiq 8.Hameed Salma 9.Adam Masthan .. Respondents 1 to 9/Defendants 1 to 9 10.A.Seyed Ali 11.A.Adbul Samad .. Respondents 10 & 11/Plaintiffs 2 & 3 (R - 10 is rep. By power agent R - 11) (RR 10 & 11 are not contesting parties, hence notice on them may be dispensed with) PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal Sub Court, Tirunelveli to dispose of the suit in O.S.No.39 of 2007 within the time frame fixed by this Court.
For Petitioner : Mr.H.Arumugam (in both C.R.P's) COMMON ORDER As the matter is very narrow, both the Civil Revision Petitions are disposed of at the admission stage itself.
2. Since these matters are connected, they are clubbed together and are being disposed of by this common order.
3. The suits in O.S.Nos.157 of 2005 and 39 of 2007 are pending before the learned Sub-Judge, Tirunelveli. They are property matters. In one suit partition is asked for and in another suit declaration has been asked for. The suits were part heard. Evidence completed. Now, it is in the argument stage. The revision petitioner is a party to the suit.
4. The revision petitioners ask for a minimum relief, namely, speedy justice. Speedy disposal is beneficial to both sides.
5. In the circumstances, the learned Sub Judge, Tirunelveli is directed to dispose of the suits in O.S.Nos.157 of 2005 and 39 of 2007 within three months from the date of receipt of a copy of this order.
6. Accordingly, these Civil Revision Petitions are disposed of. No costs.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar ps To 1.The Principal District Judge, Tirunelveli.
2.The Sub Judge, Tirunelveli.
Copy to:- The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
+2CC to Mr.H.Arumugam Advocate Sr.No.55744, 55745 CSL/JGB/6.10.15-2P-6C C.R.P(MD)Nos.1847 & 1864 of 2015 21.09.2015