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Madras High CourtCMP(MD)/20035/2025disposed of

Nabisa Meera v. Mymoon Beevi

2025-12-18Honourable Mr Justice G.R.Swaminathan8 pages

CMP(MD) NOs. 20035 & 20038 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN CMP(MD) Nos. 20035 & 20038 of 2025 in Reve.Aplc(MD)SR.No.90909 & 90910 of 2025 In C.M.P.(MD)Nos.20035 of 2025

1. Nabisa Meera Wife of S. Hussain Rahuman Old Door No.46/1 New Door No.60 First Floor, Labbai Street, Pudupet, Anna Salai, Chennai -600002.

Petitioner(s) Vs

1. Mymoon Beevi Wife of late M.Sahul Hammeed

2. Mohammed Rabeek

3. Sakla

4. Hussain Rahuman

5. Abdul Nizam

6. Aaral

7. Mumtaj

8. Parithal Sulbihar Wife of A.M.Masthan Door No.7 Respondent(s) In C.M.P.(MD)No.20038 of 2025

1. Nabisa Meera Wife of S. Hussain Rahuman Old Door No.46/1

New Door No.60 First Floor Labbai Street Pudupet Anna Salai Chennai -600002.

Petitioner(s) Vs

1. Mymoon Beevi Wife of late M.Sahul Hammeed

2. Mohammed Rabeek

3. Sakla

4. Hussain Rahuman

5. Jakanarah Wife of M.Abdul Rahuman Door No. 6A

6. Mumtaj

Wife of M. Abdul Rahuman Door No. 6A

7. Parithal Sulbihar Wife of A.M. Masthan Door No.7

8. A. Nallamuthu Door No. 6/39G-4 Srinivasa Nagar First Street Kovilpatti Kovilpatti Taluk Thoothukudi District.

9. Mummy Fathima Daughter of Mohammed Hasana Abbas Door No. 15 Thaikka Street South Kayalpattinam Thiruchendur Taluk Thoothukudi District.

10. Abdul Nizam Defence Service at Abdul N.S. RDO/FIT Signal Section C/o.99 APO.

11. Mariyam Beevi Wife of Mohaideen Door No.14 Thaikka Street South Kayalpattinam Thiruchendur Taluk Thoothukudi District.

Respondent(s)

For Petitioner(s):

J. Barathan R. Raja Abdul Hameed A (in both CMPs) Common Prayer: This Civil Miscellaneous Petition is filed under Order 47 Rule 1 r/w Section 114 of C.P.C t pass an order granting leave to the petitioner/applicant to file the review application challenging the order dated 22/04/2022 passed in S.A.(MD) Nos. 740 & 741 of 2010 on the file of this Court.

COMMON ORDER These CMPs have been filed seeking grant of leave to file an application to review the Judgment dated 22.04.2022 made in S.A.(MD)Nos.740 & 741 of 2010.

2. I had confirmed the decision of the first appellate Court which in turn confirmed the decision of the trial Court.

3. The learned counsel for the petitioner states that the trial Court as well as the first appellate Court had made a clear observation that the petitioner herein has not been made as party in the suit proceedings.

4. The learned counsel for the petitioner further states that since the petitioner was not made a party to the proceedings, the decree that has now been put to execution is not binding on her.

5. It is open to the petitioner herein to take the said plea before the Executing Court. I am certain that the Executing Court will apply the settled principles of law while considering the aforesaid plea of the petitioner. Leaving open all the contentions and remedies of the petitioner herein, these CMPs are disposed of.

18-12-2025 rmi To

1. Mymoon Beevi Wife of late M.Sahul Hammeed

2. Mohammed Rabeek

3. Sakla

4. Hussain Rahuman

5. Abdul Nizam

6. Aaral

7. Mumtaj

8. Parithal Sulbihar Wife of A.M.Masthan Door No.7

9. Jakanarah Wife of M.Abdul Rahuman Door No. 6A

10. A. Nallamuthu Door No. 6/39G-4 Srinivasa Nagar First Street Kovilpatti Kovilpatti Taluk Thoothukudi District.

11. Mummy Fathima Daughter of Mohammed Hasana Abbas Door No. 15 Thaikka Street South Kayalpattinam Thiruchendur Taluk Thoothukudi District.

12.Mariyam Beevi Wife of Mohaideen Door No.14 Thaikka Street

South Kayalpattinam Thiruchendur Taluk Thoothukudi District.