Madras High CourtCRP(MD)/1182/2024allowed

Mohamed Bakkeer Sulthan Levvi v. Jameen Abdul Gafoor Levvai

2024-10-03Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday the Thirtieth day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CIVIL REVISION PETITION(MD)NoS.1182 and 1183 of 2024 C.R.P.(MD) No.1182 of 2024:

1. Mohamed Bakkeer Sulthan Levvai,

2. Syed Sirajudeen Levvai,

3. Sathik Batcha Levvai, ... Petitioners - Vs. -

1. Jameen Abdul Gafoor Levvai,

2. Kittange P.S. Syed Ibrahim, (Respondent No.2 Impleaded as per the order of this Court, dated 03.09.2024, made in CMP(MD) No.11846 of 2024 in CRP(MD) No.1182 of 2024) ... Respondents Prayer:Civil Revision Petition is filed under Section 115 of the C.P.C., agains the order, dated 25.4.2024, passed in I.A.No.2 of 2024 in O.S.No.236 of 1978 on the file of the Sub Court, Ramanathapuram.

C.R.P.(MD) No.1182 of 2024:

1. Dargha Haqthar Management Committee, Ervadi Dargha, Represented by its Secretary, Syed Sirajudeen Levvai, 1/4

Ervadi Dharga, Keelakarai Post, Ramanathapuram District,

2. Mohamed Bakkeer Sulthan Levvai,

3. Syed Sirajudeen Levvai,

4. Sathik Batcha Levvai, ... Petitioners - Vs. -

1. Jameen Abdul Gafoor Levvai, ... Respondent, Prayer:Civil Revision Petition is filed under Section 115 of the C.P.C., agains the order, dated 18.04.2024, passed in I.A.No.3 of 2024 in I.A.No.2 of 2024 in O.S.No.236 of 1978 on the file of the Sub Court, Ramanathapuram. ORDER:- These Civil Revision Petitions coming on for orders on this day and upon perusing the petitions, affidavits filed in support thereof and earlier orders of this Court and upon hearing the arguments of Mr. J. Barathan for the petitioners and of M/s.H.Jasima Yasmin, Advocate for M/s.Ajmal Assocites, Advocates for the 1st respondent and of Mr. S. Anwar Sameem for Respondent No.2 in CRP(MD)No.1182 of 2024 and this Court made the following order: This matter is listed under the caption for being mentioned.

2. The 3rd line in paragraph No.8 and Page No.10, the Advocate Commissioner name is wrongly mentioned as 'R.Arputharaj' instead of 'M.Arputharaj' and the following line shall be added in paragraph No.9, as last line: " The said process shall be completed on or before 15.04.2025" 2/4

3. The following lines shall be added as paragraph No.10: "10. The Election process shall be completed on or before 30.04.2025. The Order, dated 25.04.2024 passed in I.A. No.2 of 2024 in O.S.No.236 of 1978 passed by the Learned Subordinate Judge, Ramanathapuram, is hereby set aside and this matter is remanded back to the Scheme Court. Considering the facts of the case, this Court is appointing Mr.M.Arputharaj, Law Office, Church Complex, Salai Street, Ramanathapuram, Mobile No.9842434419, as Advocate Commissioner. The management is directed to pay Rs.1,50,000/-as remuneration to the Advocate Commissioner. The Advocate Commissioner is directed to file a report before the Scheme Court. After completing the election, if there is any dispute, the parties are at liberty to approach the Scheme Court. "

4. Registry is directed to issue fresh order copy and issue warrant to the Advocate Commissioner.

Sd/- Assistant Registrar(CS III) // True Copy // 31/01/2025 Sub Assistant Registrar (CS - I/ II / III /IV) 3/4

1. The Sub Judge, Ramanathapuram,

2. Mr. M. Arputharaj, Advocate, MS 128/1984, Law Office, Church Complex, Salai Street, Ramanathapuram, Mobile No. 98424 34419, ORDER DATED : 30.01.2025 ==========================

ORDER

========================== CRP(MD).No.1182 and Giving direction and etc.

as stated within.

MK/31.01.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4