Madras High CourtCRP(MD)/1220/2021disposed of

A.S.Kalifullah v. B.Ajmunnisaa Begam

2021-08-31Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2021

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI A.S. Kalifullah : Petitioner / 3rd plaintiff Vs.

1.B.Ajimunnisa Begam 2.B.Fouzia 3.A.S.Sibkathullah 4.Beebijan 5.Y.Fazul Mohamed 6.Rahamathunisha Y.Johar Mohamed (died) 7.Y.Jamal Mohamed 8.M.Khaleel Ahamed A.S.Abdul Wahab (Died) 9.Thajunisha 10.Mallikha Begam @ Pappathi 11.Ismail Bi @ Baby 12.T.Alaudeen Kurshid Begam(died) 13.Kamarunisha 14.Jaibunisha 15.T.Surfudeen 16.T.Mohamed Faruk 17.T.Wahidha Bagam T.Mohamed Nazar (died) 18.Dowlath Begam 19.Fauzia Begam 20.K.Abdul Rahim Malikha Begam(died) 21.A.Mohamed Thaufeeque 22.A.Mariam Thahira 23.Mohamed Sirajudeen 24.Razia Begam 25.Ajma Begam 26.Thohurul Begam 27.Madhina Begam 28.Zaibunnisha Begam 29.Dr.R. Alavudeen 30.R.Sheik Jalaludeen 31.Mohamed Zubair 32.Zaikka Begam 33.R.Shamsath Begam 34.Dr.R. Amirudeen 35.Sirajunnisha Begam 36.Akthar Begam 1/3

37.Ifthar Begam 38.R.Rafiqueen 39.Mehar Banu 40.Suraiya Begam 41.Nasreen Begam 42.Nasrullah 43.Nasreen Banu 44.Mohamed Shafiqur Rehman 45.Shifa Unnisha 46.V.A. Rafi Ahamed 47.Mohamed Jeelani 48.Sumaiya Fathima 49.Mohamed Abdul Razaak 50.Hajira Fathima 51.S.Kamurunisha Begam 52.A.Ameena 53.A. Asraf Nisha 54.A.Abdul Rahman 55.Iqbal Khan 56.I.Khalid 57.I. Fawd 58.I. Javeed 59.M. Zahira 60.M. Nilofar 61.Mohamed Shafi A.S. Safiullah (died) 62.Malika Begam 63.A.S.Zafarullah K.M.Bakashayee(died) 64.K.M.Sulthan 65.Firose Basha 66.Mohamed Jaffar 67.Mohamed Nilafar ... Respondents (Respondents 2 to 67 are given up) PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Principal Subordinate Court, Trichy, to dispose of the case in I.A.No.1 of 2021 in O.S.No.406 of 2011, pending on its file, within the time specified by this Court. For petitioner : Mr.H.Thayumanaswamy

ORDER

This revision has been filed seeking a direction to dispose of I.A.No.1 of 2021 in O.S.No.406 of 2011, on the file of the Principal Subordinate Court, Trichy, within a specified time fixed by this Court.

2.Since the revision petition is filed for early disposal of the case, issuance of notice to the respondents are not necessary. 2/3

3.The learned counsel appearing for the petitioner would submit that the plaintiffs have filed a suit in O.S.No.406 of 2011 and the same was decreed and subsequently, appeal suit filed by the 12th defendant in A.S.No.27 of 2015 was dismissed. Thereafter, the plaintiffs have filed an application in I.A.No.1 of 2021 for passing of final decree in the suit and the same is pending for the past 1 1⁄2 years without any progress. He would further submit that the plaintiffs are senior citizen and hence, the case has to be expedited.

4.Considering the facts and circumstances of the case and also considering the fact the plaintiffs are senior citizens, without going into the merits of the case, this Court directs the learned Principal Subordinate Judge, Trichy to dispose of the I.A.No.1 of 2021 in O.S.No.406 of 2011, pending on his file, as expeditiously as possible, in accordance with law.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Principal Subordinate Judge, Trichy.

Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.H.THAYUMANASWAMY, Advocate ( SR-27785[F] dated 01/09/2021 ) C.R.P(MD).No.1220 of 2021 31.08.2021 RS (08.09.2021) 3P 4C 3/3