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Madras High CourtCRP(MD)/2308/2022disposed of

A.Rafiq Ahmed, v. Jameela Bivi,

2025-02-05Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR 1.A.Rafiq Ahmed 2.Arifunnisa 3.Sharmila Banu 4.Abdul Salam 5.Abdul Kalam 6.Fathima Faritha ... Petitioners/Plaintiffs Vs.

1.Jameela Bivi 2.Saliya Bivi 3.Jamaluddin alias Arabi 4.Noorjahan 5.Syed Abdul Wahid 6.Syed Abdul Malik 1/5

7.Rabeek Ahamed 8.Sabeena Begum 9.Raihthunnisa 10.Katheeja Banu 11.Harun Rasheed 12.Raja 13.Abdul Sukoor 14.Rabeek Jan 15.Sulthana Begum ... Respondents/Defendants PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to issue a direction to the learned Principal District Judge, Pudukottai to take on file and number the unnumbered O.S.SR.No.363 of 2021 without insisting the death certificate of Late.Mr.Maqdum Mohamed.

For Petitioners : Mr.H.Mohammed Imran for M/s.Ajmal Associates 2/5

ORDER

The present revision petition has been filed by the plaintiffs in an un-numbered suit challenging the order of return passed by the Court which had directed the plaintiffs to produce the Death Certificate of Maqdum Mohamed who is the grand-father of the plaintiffs.

2. According to the learned counsel appearing for the revision petitioners/plaintiffs, Maqdum Mohamed had passed away on 10.11.1970 and his son Mohamed Kamaluddin had passed away only on 16.02.1971. Therefore, the son has not pre-deceased his father. He further submitted that they will produce the Death Certificate of Mohamed Kamaluddin and they will prove the date of death of Maqdum Mohamed through other documents.

3. Considering the above said facts, the Principal District Court, Pudukkottai is directed to number the suit, if it is otherwise in order. 3/5

4. With the above direction, this Civil Revision Petition stands disposed of. No costs.

05.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg Note : Registry is directed to return the original plaint to the counsel for the petitioner.

To 1.The Principal District Court, Pudukkottai.

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

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in 05.02.2025 5/5