Madras High CourtCRP(MD)/1254/2016disposed of

V.S.Arunachalam, v. The Managing Trustee,

2016-06-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.06.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)No.1254 of 2016(PD) V.S.Arunachalam .. Petitioner vs.

1.The Managing Trustee Kaja Syed Sulthan Alaudin Dargha Goripalayam, Madurai 625 002.

2.The Wakf Board, No.1, Jaffer Sherong Street, Vallal Seethakathi Nagar, Chennai 600 001 Rep by its Chief Executive Officer.

.. Respondents Prayer: Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Sub-Court, (Wakf Tribunal), Madurai to dispose of the I.A.No.601 of 2015 in W.O.P.No.1 of 2015. For Petitioner : Mr.S.Srinivasa Raghavan

ORDER

This revision has been filed seeking for a direction to the learned Principal Sub-Court, (Wakf Tribunal), Madurai to dispose of I.A.No.601 of 2015 in W.O.P.No.1 of 2015, within the time frame. 2.Heard Mr.S.Srinivasa Raghavan, learned counsel appearing for the petitioner and perused the materials available on record. 3.The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the properties in old S.Nos.1259 and 1260, the new S.No.4771 situated at Survey Ward No.10, Corporation Ward No.15(old No.1) old Door Nos.112 and 113, New Door No.106-D, Palam Station Road, Goripalayam, Madurai, to an extent of 6832 sq.ft., vide registered sale deed document No.4608/2010. The first respondent filed W.O.P.No.4 of 2010, for declaration of title and for consequential permanent injunction. After contest, the Wakf Tribunal, dismissed W.O.P.No.4 of 2010, on 22.06.2012 and thereafter, without providing an opportunity to the petitioner, a favorable order was passed to the first respondent on 28.05.2015.

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4.The learned counsel further submitted that aggrieved over the said order, the petitioner filed the present W.O.P.No.1 of 2015 along with interlocutory application for grant of interim injunction, but the Wakf Tribunal has periodically adjourned the matter without any progress. It is further contended that there is an urgency in disposing of the interlocutory application.

5.Considering the above said submissions made by the learned counsel for the petitioner, the learned Principal Sub-Court, (Wakf Tribunal), Madurai, shall dispose of I.A.No.601 of 2015 in W.O.P.No.1 of 2015, as expeditiously as possible preferably on or before 31.07.2016.

6. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To The Principal Sub-Judge, (Wakf Tribunal), Madurai.

+1CC to M/S. S.Srinivasa Raghavan, Advocate, SR.No. 32897 C.R.P(MD)No.1254 of 2016(PD) 22.06.2016 Ns AM/GSV.PM/SAR-III/27.06.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/