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Madras High CourtCRP(MD)/3253/2024allowed

Abdul Gafoor (Died) 1.Jahir Hussain v. The State Of Tamil Nadu

2025-03-14Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fourth day of June Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN CRP(MD). No.3253 and 3254 of 2024 Abdul Gafoor (Died) 1.Jahir Hussain 2.Farzia Begam 3.Fathamuthu Sowrabeevi 4.Syed Shafiullah 5.Salima Begam 6.Shamshad Begum 7.Jaffer Ali ..Petitioners/Petitionrs 2 to 8/Plaintiffs in both petitions Vs 1 The State of Tamil Nadu Represented by the District Collector, Pudukkottai.

2 The District Revenue Officer, Pudukkottai.

... Respondents/Respondents/Defendants in both petitions Common Prayer :- Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order dated 07-02-2024 passed by the District Munsif cum Judicial

Magistrate Court, Illuppur in E.P.No.2 and 3 of 2020 in O.S.No.39 of 2004, returning the Execution Petition filed by the Petitioners to file before the Competent court, and consequently direct the District Munsif cum Judicail Magistrate Court, Illuppur to take the execution petition on file and dispose of the same in accordance with law and merits and allow the present civil revision petition and thus render justice. ORDER:- This Revision Petition coming on for hearing on this day for being mentioned caption and upon perusing the petition and the affidavit filed in support thereof and the order dated 14/03/2025 and upon hearing the arguments of Mr.K.S.Vimsidhar , Advocate for the Petitioner, this Court made the following order:

Today the matter has been listed today under the caption "for being mentioned" stating that even though direction was passed by this Court on 14.03.2025, it was not complied by the Execution Court by taking the petition on file. Therefore, report was called for from the concerned Court.

2.Today, report is received from the District Munsif cum Judicial Magistrate, Illupur, stating that the entire records have been submitted to the High Court for reference and it was not returned so far.

3.There shall be a direction to the Registry to send back the records immediately to the trial Court, so that further process may be taken up. After numbering the E.P, the Execution Court shall complete the process within a period of three months from the date of appearance of parties. Accordingly, these petitions are clarified.

Sd/- Assistant Registrar(CS II) // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1.The District Musif cum Judicial Magistrate, Illupur.

2 The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai (To send back the records to the Trial court immediately) ORDER DATED : 04/06/2025 ==========================

ORDER

========================== CRP(MD). No.3253 of 2024 Giving direction and etc.

as stated within.

MGJ (11.07.2025) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023