Nazeer Ahahmed v. Abdul Salam (Died) Bathurnisha (Died) Ummul Hasaanath (Died)1.Asma Beevi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Nazeer Ahahmed ... Petitioner Vs.
Abdul Salam (Died) Bathurunisha (Died) Ummul Hasaanath (Died) 1.Asma Beevi 2.Janab Habeebur Rahman 3.Rameela Beevi 4.Abdul Hameed Samsunish (Died) 5.Thajunnisa Bibi Noorzahan (Died) 6.Subitha Beevi 7.Ayisha Beevi 8.Janab Abdul Kasim Page No. 1 of 9
9.Pappammal Kaja Mohideen (Died) 10.Maimoon Bibi 11.Janab P.C.A. Kaleezlur Rahman 12.Janab Mohamed Farook 13.Subaidha Bibi 14.Janab Mohammed Shareef 15.Kairunhisa Begam 16.Tajdeen 17.Jeenathunnisa Begam 18.Kathija Beevi 19.Ameena Beevi 20.Shajahan Sabeera Bebi (Died) Jawaharanisha (Died) 21.Bazheera Begam 22.Ayisa Beevi 23.S.A.Habeebur Rahman 24.S.A.Abdul Rasheeth Page No. 2 of 9
25.S.A.Sulthan Ibrahim 26.S.A.Jamal Mohamed 27.S.A.Ayisa 28.S.A.Kajamoideen 29.Fathima Beevi 30.Abdul Gani 31.Fowjiya Begam Mohamed Ali (Died) 32.Arifa Begam 33.Habeebunnisha Begam 34.Mohamed Farook 35.Sowkath Ali 36.Junaitha Begam 37.Sabarooth Begam Mumtaj Begaum (Died) 38.Saraammal 39.Ahamed Sait 40.Jabarulla 41.Jamal Mohamed 42.Akbar Ali Page No. 3 of 9
43.Mohamed Iliyas 44.Arifba Beguam 45.Kaleel Rahaman 46.Ayesha Beevi 47.Mohamed Sirajudheen 48.A.Jamman Begam 49.A.Mohammed Sihabudheen 50.S.Aakila Begam 51.Junaitha Parveen 52.Jaithoon Banu 53.A.Habeen Rahuman 54.A.Mujibur Rahman 55.M.Fathima Begam 56.J.Amina Parveen 57.A.Kaleel Ahamed 58.Samsat Begam 59.Mohamed Thoufeek 60.Sulthan Tajdeen 61.Mohamed Tharis Page No. 4 of 9
62.Thamimul Ansari 63.A.Sheik Abdulla 64.Syed Ibrahim 65.S.Asif Maideen 66.A.Mohamed Ismail 67.M.Sabura Begam 68.M.Mohamed Iliyas 69.M.Sumaiya Begam 70.M.Hajarammal 71.M.Syed Abuthahir 72.Syed Mohamed 73.Mohamed Jeydeen 74.Mohamed Farook 75.Jahir Ali 76.Mujbar Rahaman 77.Ubaithur Rahaman 78.Mohamed Yaseen 79.Ameena Begam P.C. Mohamed Ibrahim (Died) PCA.Abdul Azees (Died) Page No. 5 of 9
PCA.Mohamed Jabar (Died) 80.Alima 81.Mohamed Rabesh 82.M.Raziya 83.Aysha Rahina 84.Mohamed Sahapudin 85.Fathima Rajana 86.Parisha Beevi 87.A.Sabeer Hamad 88.Nazeer Mohideen 89.Aysha Beevi 90.A.Sheik Allaudeen 91.Mohamed Hussain ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub Court, Vedachandur, to dispose of I.A.No.43 of 2018 in O.S.No.1 of 2012 on the file of the Sub Court, Vedachandur within the time stipulated by this Court.
For Petitioner : Mr.A.Shajahan Page No. 6 of 9
O R D E R
This Civil Revision Petition is filed to direct the Sub Court, Vedachandur, to dispose of I.A.No.43 of 2018 in O.S.No.1 of 2012 on its file within a time to be stipulated by this Court.
2. The petitioner is the Plaintiff No.12 in O.S.No.1 of 2012 on the file of the Sub Court, Vedachandur. The suit was originally filed before the Subordinate Court, Dindigul in O.S.No.69 of 1983 which was later transferred to the Sub Court, Vedachandur and renumbered as O.S.No.1 of 2012. A preliminary decree was passed in the suit in O.S.No.1 of 2012 on 29.11.2013. Aggrieved by the same, the defendants 50 to 58 preferred an appeal before the Principal District Court, Dindigul in A.S.No.19 of 2014 which was also dismissed by the Judgment and Decree dated 19.07.2017, against which, S.A(MD)No.175 of 2021 was filed before this Court. The said Second Appeal was dismissed vide Judgment dated 18.03.2021.
3. Thereafter, the petitioner filed I.A.No.43 of 2018 to pass a final decree in O.S.No.1 of 2012. Meanwhile, one Wasim Raja who purchased suit property from various plaintiffs filed I.A.No.500 of 2022 and the petitioner filed I.A.No. 502 of 2022 to amend the short cause title and long cause title. Page No. 7 of 9
4. According to the petitioner, the respondents 17, 18, 20, 21, 45, 76 were dragging the final decree proceeding by way of filing I.As. and the petitioner is unable to enjoy the fruits of the decree. It is submitted that though I.A. was filed for final decree and Advocate Commissioner was appointed and Report of the Advocate Commissioner was filed, the Trial Court has failed to pass final decree which causes great hardship to the petitioner.
5. Considering the grievance addressed by the petitioner, the learned Sub Judge, Vedachandur is directed to pass appropriate orders on merits in the final decree petition in I.A.No.43 of 2018 in O.S.No.1 of 2012, expeditiously, within a period of one month from the date of receipt of a copy of this order.
6. This Civil Revision Petition is disposed of . No cost. 06.07.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No jen To The Sub Court, Vedachandur.
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K.GOVINDARAJAN THILAKAVADI, J.
jen 06.07.2023 Page No. 9 of 9