Madras High CourtCRP(MD)/1113/2025disposed of

Mohammed Hanifa (Died), Aiysa Kani v. Saliya Kani

2025-04-07Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.1113 of 2025 Mohammed Hanifa (Died) Aiysa Kani

...Petitioners/Petitioners/

1 & 2 Defendants Vs.

1.Saliyakani ...1st Respondent/1st Respondent/Plaintiff 2.Bashee UL Haq 3.Mohammed Maideen 4.Ashma Begaum (Amended as per order in I.A.No.1 of 2022, dated 22.11.2022) (P1 died LR's of P1, R1 already on recorded) 5.Bodisamy 6.Valliammal 7.Abdul Haq Mohammed Abdul Kahder (Died) 8.M.Sultan Beevi ...2 to 8 Respondents/2 to 8 Respondents/ 2 to 8 Defendants (Amended as per order in I.A.No.249 of 2010, dated 12.07.2010) (LR's of the deceased 10th Defendant in 11th Defendant in O.S.) (Amended Plaint R7 & R9 Amended as per order on 20.09.2021) 1/4

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Trial Court, the Additional District Court, Dindigul, to hear the final Decree Petition I.A.No.137 of 2020 in O.S.No.284 of 2004 on the file of Additional District Court, Dindigul, dispose off the Final Decree Petition within stipulated time that may be framed by this Court. For Petitioners : Mr.T.R.Subramanian * * * * *

ORDER

The defendants 1 and 2 in O.S.No.284 of 2004, on the file of the Additional District Court, Dindigul, have filed the present revision petition seeking expeditious disposal of I.A.No.137 of 2020, which was filed for passing of final decree in a suit for partition.

2.A perusal of the records reveal that the defendants 1 and 2 have filed I.A.No.137 of 2020, for passing of final decree with regard to A, B, D, E and F schedule properties.

3.A perusal of "B" diary extract reveals that the petitioners herein have filed I.A.No.9 of 2024, under Order 6 Rule 17 of C.P.C. to implead the legal heirs of the deceased 8th respondent. Due to pendency of the same, the final decree application has not been taken up for final hearing. 2/4

4.Considering the above said facts, the trial Court is directed to dispose of I.A.No.137 of 2020, on or before 31.08.2025. 5.With the above said observations, this Civil Revision Petition stands disposed of. No costs.

07.04.2025 Internet:Yes/No Index:Yes/No RJR To The learned Additional District Judge, Dindigul. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR C.R.P.(PD)(MD)No.1113 of 2025 07.04.2025 4/4