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Madras High CourtCRP(MD)/1468/2023allowed

S.K. Ferozkhan v. 1.S.P.Kaja Mohideen (Died), 2. S.K.Barook

2023-06-26Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.R.P.(MD)No.1468 of 2023:

S.K.Ferozkhan

...Petitioner/3rd Petitioner/3rd Plaintiff

Vs.

1.S.P.Kaja Mohideen (Died) 2.S.K.Barook 3.Mumtaj Begam 4.Mariam Beevi 5.Jailani (Died) 6.S.P.Sahul Hameed 7.S.P.Alima 8.S.P.Asan Fathu 9.K.A.Mohamed Mydeen ... 1 to 9 Respondents/1,2,4 to 10 Petitioners/Plaintiffs, 2, 4 to 6 plaintiffs, 2 to 4 defendants/Proposed 15th defendants 10.S.P.Mohamed Mydeen (Died) 11.Arumugam @ Arumugakani 12.Muthulakshmi 13.Arasakonar 14.Syed Fathimal (Died) 15.Kaleel Rahman 16.Mohamed Rabeek 17.Nazeema 18.Ayubkhan 19.Meherbanu 20.Meharajbanu ... 10 to 20 Respondents/Respondents/1,5 to 14 Defendants C.R.P.(MD)No.1469 of 2023:

K.A.Mohamed Mydeen

...Petitioner/10th Petitioner/

Proposed 15th Defendant Vs.

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1.S.P.Kaja Mohideen (Died) 2.S.K.Barook 3.S.K.Ferozkhan 4.Mumtaj Begam 5.Mariam Beevi 6.Jailani (Died) 7.S.P.Sahul Hameed 8.S.P.Alima 9.S.P.Asan Fathu ... 1 to 9 Respondents/Petitioners /Plaintiff, 2 to 6 plaintiffs, 2 to 4 defendants 10.S.P.Mohamed Mydeen (Died) 11.Arumugam @ Arumugakani 12.Muthulakshmi 13.Arasakonar 14.Syed Fathima (Died) 15.Kaleel Rahman 16.Mohamed Rabeek 17.Nazeema 18.Ayubkhan 19.Meherbanu 20.Meharajbanu ... 10 to 20 Respondents/Respondents/1,5 to 14 Defendants COMMON PRAYER: Civil Revision Petitions filed under Article 227 of Constitution of India, to direct the learned District Munsif to dispose the I.A.Nos.3 of 2021 and 2 of 2021 in O.S.No.1250 of 2004 respectively, on the file of the 1st Additional District Munsif Court, Tirunelveli. For Petitioner (in both C.R.Ps.) : Mr.T.Selvan COMMON ORDER The present civil revision petitions stand disposed of at the time of admission without expressing any opinion on the merits of the case considering the fact that no adverse orders proposed to be passed against the respondents. 2/4

2.The petitioner in C.R.P.(MD)No.1468 of 2023 has prayed for early disposal of I.A.No.3 of 2021 in O.S.No.1250 of 2004, on the file of the learned Ist Additional District Munsif, Tirunelveli, which was filed for final decree, after preliminary decree was passed by this Court.

3.The petitioner in C.R.P.(MD)No.1469 of 2023 has prayed for early disposal of I.A.No.2 of 2021 in O.S.No.1250 of 2004, on the file of the Ist Additional District Munsif, Tirunelveli, was filed by the respondents, who are third parties who seek to implead themselves as parties to the said suit 4.Considering the above, there shall be a direction to the Ist Additional District Munsif Court, Tirunelveli, to dispose I.A.Nos.3 of 2021 and 2 of 2021 in O.S.No.1250 of 2004, as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. 5.In view of the above, the Civil Revision Petitions are allowed. No Costs.

26.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Mrn 3/4

C.SARAVANAN ,J.

Mrn To 1.The Ist Additional District Munsif, Tirunelveli. 2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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