Madras High CourtCRP(MD)/664/2016dismissed

Mohamed Thajudeen @ v. Sahul Hameed,

2018-09-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP (NPD) (MD)No.664 of 2016 and CMP(MD)No.3084 of 2016 1.Mohamed Thajudeen @ Thajudeen 2.Nazeebun Nisha @ Pathamuthu 3.Kadar Sulthan Ali 4.Ayisa Gani 5.Jalamuthu Nisha 6.Rahuman Beevi ... Petitioners Vs.

1.Sahul Hameed 2.Mohamed Abupakkar 3.Beer Mohamed 4.Alavudeen 5.Thayar Sulthan 6.Mumtaj 7.Kalima Beevi 8.Noorul Ameen ... Respondents Prayer : Civil Revision Petition is filed under Article 227of the Constitution of India, to reverse and set aside the fair order and decreetal order dated 21.08.2013 made in CMA No.6 of 2011 on the file of the Subordinate Judge, Paramakudi in confirming the fair and decreetal order in I.A No.399 of 2007 in O.S No.111 of 2007 on the file of the District Munsif, Mudukulathur. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.S.Ramesh for Mr.V.Ragavachari For Respondents : L.Shajichellan for R1 to R7

ORDER

The plaintiffs in O.S No.111 of 2007 on the file of the learned District Munsif Court, Mudukulathur are the revision petitioners herein. It is a suit for partition. They filed I.A No.399 of 2007 for restraining the defendants from alienating the suit property. It was dismissed. Questioning the same, they filed CMA No.6 of 2011 before the Sub court, Paramakudi. It was also dismissed. Questioning these orders, this civil revision petition has been filed.

2.This Court is of the view that if any alienation takes place during the pendency of the suit, the same will obviously have to abide by the outcome of the suit proceedings. 3.With this observation, this civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Sub Judge, Paramakudi.

2.The District Munsif, Mudhukulathur.

+ 1 CC TO MR.S.RAMESH , ADVOCATE IN SR NO.87534 + 1 CC TO MR.SHAJICHELLAN , ADVOCATE IN SR NO.86855 SKM BU/SKN/SAR-I :29.10.2018 : 2P/5C CRP (NPD) (MD)No.664 of 2016 and CMP(MD)No.3084 of 2016 26.09.2018 https://hcservices.ecourts.gov.in/hcservices/