Murugan v. Meera Maideen (Died), 1) Mohamed Aatham

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.11313 of 2024 Murugan ... Petitioner / 2nd Respondent / 2nd Defendant Vs.

Meera Maideen (Died) 1.Mohamed Aatham 2.Mohamed Hanifa 3.Abdul Rasak ... Respondents 1 to 3 / Petitioners 1 to 3 / Plaintiffs 2 to 4 4.Noorjahan 5.Asan Beevi 6.Syedalibadhusha 7.Mohamedjenith ... Respondents 4 to 7 / Petitioners 4 to 7- Plaintiffs 5 to 8 8.Thangapandian ... Respondent No.8 / 1st Respondent / 1st Defendant 1/4

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 12.06.2024 made in I.A.No.5 of 2023 in O.S.No.10 of 2021 by the learned Subordinate Judge, Sankarankovil as alleged by allowing the civil revision petition.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.S.Kadarkarai for R1 to R7 : Mr.R.J.Karthik for R8

O R D E R

Heard both sides.

2. The second defendant in the suit questions the impugned order whereby an advocate commissioner has been appointed.

3. I am constrained to interfere for the only reason that no reason has been set out in the impugned order. The matter is remanded to the file of the trial Court. The trial court will hear both the counsel and pass a speaking order. Enquiry shall be concluded in IA and final order shall be passed within a period of four weeks from the date of receipt of a copy of this order. 2/4

4. The Civil Revision Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 24.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Subordinate Judge, Sankarankovil.

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G.R.SWAMINATHAN, J.

rmi 24.09.2024 4/4