Sheik Abdul Kadhar v. I. Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(NPD)(MD)No.1563 of 2025 Sheik Abdul Kadhar

...Petitioner/Petitioner/

10th Appellant/26th Defendant Vs 1.I.Kumar 2.Suruli Andawar 3.Mohamed Meeran 4.Rajkumar 5.Allavudeen 6.Raja Rahuman 7.The Sub Registrar, Sub Registrar Office, Uthamapalayam, Theni District.

8.The Tahsildar, Tahsildar Office, Uthamapalayam, Theni District.

...Respondents 1 to 8/Respondents 1 to 8/

Proposed Respondents 9.Abdul Rahim 10.Masoothammal 11.Mohamed Fathima

...Respondents 9 to 11/Respondents 9 to 11

1 to 3 Appellants/9 to 11 Defendants 12.Nashrin Banu 13.Erban Banu

...Respondents 12 & 13/Respondents 12 & 13/

4 & 5 Appellants/Defendants 13,14 1/4

14.Thayammal @ Mohamed Fathima 15.Sahul Hameed 16.Arif Husain 17.Syedali Fathima

...Respondents 14 to 17/Respondents 14 to 17/

6 to 9 Appellants/Defendants 22 to 25 (Respondents 9 to 17 herein are given up since, they are sailing same way in favour of petitioner herein, hence batta is not necessary to them) PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Sub Court, Uthamapalayam, Theni District to number the injunction application in Suit Register No.1329/2025 in I.A.No. /2025, dated 04-03-2025, in A.S.No.21 of 2024, pending on the file of the learned Sub Court, Uthamapalayam, Theni District, and pass suitable orders within a time frame as fixed by this Court.

For Petitioner :

Mr.D.Saravanan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R7 & R8 * * * * *

ORDER

The present revision petition has been filed by the appellant in A.S.No.21 of 2024, on the file of the Sub Court, Uthamapalayam, Theni District, seeking a direction to number the interlocutory application not to alienate the suit schedule properties, pending appeal.

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2.According to the learned Counsel appearing for the revision petitioner, pending first appeal, the plaintiff, based upon the decree, is attempting to alienate the property. Aggrieved he seeks direction to number the interlocutory application.

3.Considering the above said facts, the Sub Court, Uthamapalayam, is directed to number the application filed by the revision petitioner herein seeking interim injunction and dispose of the same as expeditiously as possible. 4.With the above said observations, this Civil Revision Petition stands disposed of. No costs.

30.04.2025 Internet:Yes/No Index:Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To 1.The learned Sub Judge, Uthamapalayam, Theni District.

2.The Sub Registrar, Sub Registrar Office, Uthamapalayam, Theni District.

3.The Tahsildar, Tahsildar Office, Uthamapalayam, Theni District.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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