A.H.Abdul Hafeez v. Majlis Ul- Ulama

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P.(MD).NO.255 of 2015 1.A.H.Abdul Hafeez 2.A.H.Abdul Haseeb 3.A.Syed Ibrahim Shah 4.A.Niaz Ahmed 5.K.Abdullah 6.S.Syed Saleem ..Revision Petitioners/Petitioners/Plaintiffs (For themselves and on behalf of the newly indicted members dated 12.03.2010 of MAJLIS-UL-ULAMA a Registered Society, Khaja Nagar, Tiruchirappalli-620 020). vs.

1.Majlis-Ul-Ulama Represented by its General Secretary, Khaja Nagar, Tiruchirappalli3.

2.A.K.Khaja Kamaludeen 3.M.S.A.Kabeer 4.A.S.Ansar 5.B.A.Bhavuddeen 6.V.S.M.Varis Mohideen 7.Dr.A.Thameezudeen 8.A.B.Kaiser 9.A.Sirajudeen 10.M.A.Sirajuddeen 11.A.S.Khajamian Akther 12.V.S.Sheik Mohammed Suhail 13.G.S.Gulam Mohideen 14.M.S.A.Abdul Kader 15.M.S.Mohammed Naimudeen 16.M.S.Mohammed Saifudeen 17.A.S.Mohammed Ameen 18.M.Kaleelur Rahman 19.A.Niyaz Ahmed ..Respondents/Respondents/Defendants PRAYER: This Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records relates to the Interlocutory Application pending in I.A.No.952 of 2012 in O.S.No.661 of 2012 on the file of the II Additional Subordinate Judge of Trichirappalli and pass necessary direction for speedy disposal of it. For Petitioner : Mr.P.Arunjayatram

O R D E R

The plaintiffs in O.S.No.661 of 2012 on the file of the Subordinate Court, Tiruchirappalli, have filed a suit for declaration that the Resolution No.2 passed in the Executive Committee Meeting of the first defendant Society in respect of induction of 70 new members are all valid and for consequential injunction not to convene the General Body Meeting in the absence of the 70 new members inducted on 12.03.2010. https://hcservices.ecourts.gov.in/hcservices/

2.Along with the suit, an application in I.A.No.952 of 2012 was filed by the plaintiffs for temporary injunction restraining the respondents from convening any General Body Meeting in the absence of the new inducted 70 members. The said application was taken on file on 15.10.2012. After the pleadings were over, the case was posted for arguments on 08.07.2013. From July 2013 till today, the matter had been adjourned by the learned Subordinate Judge, only for arguments. From 'B' diary, it can be seen that again the case was posted on 12.02.2015. Now, it is represented by the learned counsel for the petitioner that the matter is posted on 18.02.2015. The learned counsel further represents that the election is likely to be held during June 2015. 3.

No notice is necessary to the respondent as this Court intends to direct the trial Court to dispose of the suit at the earliest and it would not cause any prejudice to the respondent. 4.For the reasons stated in the affidavit the 70 members being inducted for the purpose of election, If the General Body is convened, the plaintiff should be put to serious prejudice. Now, the interim application is pending for more than three years, without any order being passed. The II Additional Subordinate Judge of Trichirappalli ought have passed orders in the said I.A within the time stipulated as per law. By not doing so, the learned Judge has not exercise the jurisdiction vested with him. Hence, this Court directs the II Additional Subordinate Judge of Trichirappalli to dispose of the I.A.No.

952 of 2012 on merits and in accordance with law on or before 30th March 2015. With the above observation, the civil revision petition is dismissed. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To The II Additional Subordinate Judge, Trichirappalli. +1cc to Mr.P.Arun Jayathram, Advocate in SR.7264 C.R.P.(MD).No.255 of 2015 17.02.2015 ns pbk 23/02/2015 ::2p-3c:

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