Syed Hussain v. Mydeen Batcha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Syed Hussain ... Revision Petitioner/Petitioner No.5/Plaintiff No.7 Vs.

1.Mydeen Batcha ... Respondent No.1/ Respondent No.1/Legal heir of Defendant No.1 2.Mohamed Ali ... Respondent No.2/Respondent No.2/Legal heir of Defendant No.1 3.Anwar Ali

...Respondent No.3/Respondent

No.3/Legal heir of Defendant No.1 4.Durai 5.Shankar 6.Poopathi 7.Raja 8.Mumtaj Begum 9.Arabsha 10.Abdul Salam 11.Rakkammal 12.Rabiya Beevi 13.Ramjan Beevi 14.Nagarathinam 15.Thanalakshmi 16.Thanalakshmi 17.Hammath Beevi 18.Hameed 19.Munisamy 20.Palaniammal 21.Balkeesh 1/5

22.Azadh Ussain 23.Ayisha Beevi 24.Ayisha Beevi 25.Kaja Mydeen 26.Rashathakannisha 27.Rajakili 28.Syed Farook 29.Hajarammal 30.Abdullah 31.Ponmani

...Respondent Nos.4 to 31/

Respondent Nos.4 to 31/Defendant Nos.8 to 35 Syed Hanif 32.Noorjahan 33.Meharunnisha 34.Rajiya Begam 35.Syed Shajahan 36.Mohamed Goush 37.Sabeer @ Abdul Lathif ... Respondent No.32 to 37/ Petitioner Nos.2 to 4, 6 to 8/Plaintiff No.4to6,8to10 Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal Sub Judge, Dindigul, to dispose the case in E.P.No.137 of 2015 in O.S.No.273 of 1976 on the file of the learned Principal Sub Judge, Dindigul, within a time frame fixed by this Court. For Petitioner :Mr.A.Mohamed Riyaz For Respondents :No appearance

ORDER

This civil revision petition is preferred by the plaintiff for a direction to the learned Principal Sub Judge, Dindigul, to dispose the case in E.P.No. 137 of 2015 in O.S.No.273 of 1976 within a time frame fixed by this Court. 2/5

2.The petitioner/plaintiff filed the above suit in O.S.No.273 of 1976 for the relief of partition, in which, preliminary decree was passed on 08.08.1979. Thereafter, final decree was passed on 19.04.2001. Thereafter, the petitioner preferred E.P.No.137 of 2015 for execution of decree and the said proceeding is pending from the year 2015 without any progress. 3.According to the learned counsel for the revision petitioner, the petitioner is suffering from physical and mental agony due to the pendency of the execution proceedings and as such, he is unable to enjoy the fruits of the decree within his life time.

4.Heard the learned counsel appearing for the petitioner. Despite service of notice, there is no appearance on behalf of the respondent either in person or through counsel.

5.On perusal of the records, it is seen that the suit is of the year 2016 and the preliminary decree was passed on 08.08.1979 and final decree was passed on 19.04.2001. Thereafter, the execution petition in E.P.No.137 of 2015 is kept pending for more than 7 years without any progress. 3/5

6.Considering the facts and circumstances of the case, this Court directs the Principal Subordinate Judge, Dindigul, to dispose the E.P.No.137 of 2015 in O.S.No.273 of 1976, on merits and in accordance with law, without any unnecessary adjournments, after affording sufficient opportunities to the respective parties to put-forth their contentions, within a period of two months from the date of receipt of a copy of this order. 7.With the above direction, this Civil Revision Petition is disposed of. No costs.

19.07.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Principal Subordinate Judge, Dindigul, 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

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