Madras High CourtCRP(MD)/1505/2019dismissed as infructuous

Meharban Beevi, v. M.I.Ravup,S/O.Mohamed Ibrahimsha,

2024-02-21Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 21.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(PD)(MD)No.1505 of 2019 and C.M.P.(MD)No.7952 of 2019 1.Meharban Beevi 2.Mohamed Suhaibutheen 3.Mohamed Ansutheen 4.Vahabutheen 5.Thajutheen 6.Abitha Banu 7.Thaslim Banu : Petitioners/Respondents/ Defendants 9,10,12 to 16 Vs.

1.M.I.Ravup : 1st Respondent/Petitioner/Plaintiff 2.M.I.Faruk M.I.Bihar (died) 3.M.I.Aysha Beevi 1/6

4.M.I.Kathija Beevi 5.M.I.Ameenammal 6.M.I.Jeeana 7.Mohamed Arsath 8.Shamila : Respondents 2 to 8/Respondents 1 to 8/ Defendants 1 to 8 9.Mohamed Kalimutheen : 9th Respondent/10th Respondent/ 11th Defendant 10.Syed Buhari 11.Rasul Beevi 12.Bakkeer 13.Nainammal 14.Nasar Khan 15.Habiba Begam 16.Asraf Ali 17.Birthouskhan 18.Mohamed Satham Hussain 19.Kather Maideen 20.Aysha Beevi 21.Sahul Hameed 2/6

22.Abisha Banu 23.Ameer Hamsha (died) 24.Anees Fathima 25.Sharmila Banu 26.Syed Abthakir 27.Haja Alaudin 28.Syed Sultan Beevi 29.Abthahir 30.Syed Abdullah 31.Naina Mohamed 32.Mohamed Hussain : Respondents 10 to 32/Respondents 11 to 33/ Defendants 17 to 39 33.Ummul Jerina 34.Mohamed Lafir 35.Mohamed Jahanhir 36.Sathikul Ameen 37.Sulthana Ahamed 38.Naina Mohamed : Respondents 33 to 38/LRs of the 23rd respondent 3/6

(Respondents 33 to 38 are brought on record as legal heirs of the deceased 23rd respondent vide Court order, dated 11.02.2020 made in CMP(MD) No.10272, 10278, 10280 of 2019 in CRP(MD)No.1505/2019) Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 06.06.2019 passed in I.A.No.840 of 2018 in O.S.No.122 of 2013 on the file of the Subordinate Judge, Ramanathapuram. For Petitioners : Mr.S.A.Ajmalkhan For Respondents : Mr.H.Lakshmi Shankar, for R1. : No Appearance, for R2 to R33.

ORDER

The Civil Revision is directed against the order passed in I.A. No.840 of 2018 in O.S.No.122 of 2013, dated 06.06.2019 on the file of the Subordinate Judge, Ramanathapuram, allowing the petition filed under Order 18 Rule 3(A) of C.P.C., seeking permission to examine the plaintiff as second witness on the side of the plaintiff.

2. When the matter is taken up for hearing today (i.e.,21.02.2024), the learned counsel for the revision petitioner as well as the learned counsel for the respondents would submit that the plaintiffs have already 4/6

examined their witnesses and closed their side evidence and now the case stand posted for the defendants side evidence and as such nothing survives for further adjudication in this Civil Revision.

3. Recording the submission made by the learned counsel on either side, the Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous petition is closed. No costs. 21.02.2024 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The Subordinate Judge, Ramanathapuram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

DAS C.R.P.(PD)(MD)No.1505 of 2019 and C.M.P.(MD)No.7952 of 2019 Dated : 21.02.2024 6/6