Madras High CourtCRP(MD)/67/2019disposed of

Seyetha v. Hallaji

2023-06-26Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 06.06.2023 Pronounced on : 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.332 of 2019 Seyetha ... Petitioner Vs.

1.Hallaji 2.M.S.Syed Rabia 3.S.M.Katheeja Bathool 4.S.Basheer Ahamed 5.S.M.Katheeb Syed Ibrahim 6.Wavoo Abdeen 7.Ameena 8.Fathima 9.Julaika 10.Noorjahan 11.Mumtaj 12.Mohammed Nooghu 13.Seikna Lebbai 14.Abdulkadar Samsutheen 15.Habeen Fathima 16.Ahamed Kathija ... Respondents 1/4

PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 09.10.2018 made in I.A.No.55 of 2018 in A.S.No.25 of 2018 on the file of the Subordinate Judge, Tiruchendur and allow this Civil Revision Petition. For Petitioner : Mr.G.Mohan Kumar For R1 to R4 : Mrs.P.Jessi Jevapriya For R5, 9, 11 to 14, 16 : No Appearance

ORDER

This Civil Revision Petition is filed against the fair order and executable order dated 09.10.2018 passed in I.A.No.55 of 2018 in A.S.No. 25 of 2018 on the file of the Subordinate Court, Tiruchendur. 2.The learned counsel for the petitioner has submitted that without going into the merits of the case, time frame may be given for disposal of the appeal in A.S.No.25 of 2018 on the file of the Subordinate Court, Tiruchendur, and till the disposal of the appeal, status quo may be ordered.

3. The learned counsel for the respondents 1 to 4 has submitted that the respondents side is willing to fix the time frame. But, they have raised objection for ordering status quo.

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4. Considering the submissions of both sides and also considering the pendency of the suit from the year 2014, still continuing in the appeal and the age of the parties to the suit proceeding, without going into the merits of the case, the first Appellate Court/Subordinate Court, Tiruchendur, is directed to dispose of the appeal in A.S.No.25 of 2018 pending on its file, within a period of four months from the date of receipt of a copy of this order.

5. This Civil Revision Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. 26.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No vsd To 1.The Subordinate Court, Tiruchendur.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

vsd Pre - Delivery Order made in and C.M.P(MD)No.332 of 2019 26.06.2023 4/4