Mahaboob Beevi (Died) v. Kadar Khan (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday , the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice.S.Ananthi Mahaboob Beevi (Died) H.Sulthan Khan (Impleading petition filed and allowed in I.A.No.354/2016 on 04/02/2013. on the file of the Additional District Munsif, Madurai ) ... Petitioner/1st Petitioner/ 2nd Plaintiff Vs Kadar Khan (Died) 1 Abdul Hamid Khan, 2 M.Abdul Majeed Khan, 3 Mahaboob Khan Sahib 4 Mumtaj, 5 Rasool Bivi, 6 Bibi John, 7 Amanulla Khan, 8 Moidheen Basha, 9 Heera Khan 10 Razia Begam, 11 Shajahija 12 Sardaj Begam, 13 Piyari, 14 Ghori 1/4
15 Batcha Jamal, 16 Minor Vahitha, 17 Minor Gulab (Minor Respondents 17 and 18 through the court guardian Smt.Ambujam Selvarani appointed as per order in I.A.No.299/1978 ) Respondents 7 to 18 are added as Lrs of the Deceased 1st respondent as per order in I.A.No.298/1978 dt.6.12.1978 .... Respondents No.1-17/ Respondents No.1-18/ Defendants No.1-6 18 Sulthan Bivi Rahumath Bivi (Died) 19 Noorjahan, Mumtaj (Died) 20 Syed Nurdin, 21 Jhan Batcha 22 Mohamed Ali Jinna 23 Jahangir Batcha, 24 Suraiya Begam, 25 Pyari Jhan 26 A.Thasthagir Khan, 27 M.Nowsath Begam Petitioners 7 to 11 are impleaded as LR's of the deceased 3rd petitioner as per order in I.A.No.156/1983 dt.23.07.1985.
12th petitioner is added as LR's of deceased 5th petitioner as per order in I.A.495/1985 dated.20.06.1986.
13 th petitioner is impleadedas as per order in I.A.30/1987 dt.06.12.1988.
... RespondentsNo.18 to 27/ Petitioners No.2 to 13/ Plaintiffs no.3 to 5 2/4
Prayer :- Petition filed under Article 227 of the Constitution of India to direct the Honourable Court of 1st Additional District Munsif, Madurai Town, to dispose the renumbered I.A.No.996 of 2006 in renumbered O.S.No.1120 of 2006 (I.A.No.159 of 1977 in O.S.No.213 of 1973 on the file of the 3rd Additional Sub Court, Madurai) within a time frame as fixed by this Honourable Court ORDER:- This Civil Revision Petition coming on for orders on this day under the caption for Extension of time for Lower court and upon perusing the earlier orders of this Court dt.12.12.2017, 01.12.2019, 20.11.2020 and 22.10.2021 and the requisition letter submitted by the Additional District Munsif, Madurai Town in D.No.71/2022, Dated 09.02.2022, seeking three months time to dispose of the petition in I.A.No.996 of 2006 in O.S.No.1120 of 2006 on the file of the Additional District Munsif, Madurai Town ,this Court made the following order:- " Today, this case is listed under the caption "Extension of Time for Lower Court".
2.It is evident from the records that this Court vide order dated 12.12.2017, has directed the learned I Additional District Munsif, Madurai Town, to dispose of I.A.No.996 of 2006 in O.S.No.1120 of 2006 within a period of two months from the date of receipt of a copy of that order. Thereafter, the time was extended for several hearings. Now the learned Additional District Munsiff, Madurai Town has submitted a letter, dated 09.02.2022, seeks further three months time for disposal of the said case. But C.R.P(MD) No.539 of 2021 is pending before this Court. Without disposing the C.R.P(MD)No.539 of 2021, the learned Additional District Munsiff, Madurai Town cannot dispose the final decree application. 3.Considering the reasons assigned, this Court is inclined to extend the time sought for by the Court below.
Accordingly, three months time is granted to the learned Additional District Munsiff, Madurai Town, to dispose of the said I.A.No.996 of 2006 in O.S.No.1120 of 2006 after disposal of C.R.P(MD)No.539 of 2021.
To The Additional District Munsif, Madurai Town.
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 02/03/2022 ========================== EXTENSION OF TIME ========================== Giving direction and etc.
as stated within.
RD(10.03.2022) 4P 3C 4/4