Partly allowed

Hazarth Nabi Sallalaho v. Jb Abdul Khadar

Madras HC8 Mar 2018CRP(MD)/492/2018

Case brief

AI extract

What is this about?

The Madras High Court, in this C.R.P. under Article 227, directed the I Additional District Munsif, Tiruchirappalli, to dispose of suit O.S.No.1454 of 2013 within six months due to mechanical adjournments, without pre-judging the merits.

What did the court decide?

Direction to the learned I Additional District Munsif, Tiruchirappalli to dispose of suit O.S.No. 1454 of 2013 within six months.

Hazarth Nabi Sallalaho Vs Jb Abdul Khadar — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2018

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CORAM :

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.492 of 2018

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Hazarath Nabi Sallalaho Fathiya Wakf Alaihi Vasallam Trust, Rep. by its Managing Trustee, JB.M.Abdul Kadar ... Petitioner/1^st Plaintiff vs.

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1.JB Abdul Khadar 2.JB S.Mohideen, Male Line Trustee ... Respondents/Plaintiffs 2 & 3 3.Thajudeen 4.Natharsha 5.The Tamil Nadu Wakf Board, Chief Executive Officer, Jaffersan Street, Vallal Seethakathi Nagar, Chennai – 1. ... Respondents/Defendants 1 to 3

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PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned I Additional District Munsif, Tiruchirappalli to dispose of the case in O.S.No.1454 of 2013 and to pass decree and judgment within a period as fixed by this Hon'ble Court.

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For Petitioner : Mr.M.Karunanithi *****

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ORDER

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This Civil Revision Petition has been filed seeking a direction to the learned I Additional District Munsif, Tiruchirappalli, to dispose of the suit in O.S.No.1454 of 2013, within a stipulated time as may be fixed by this Court.

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According to the petitioner, the suit in O.S.No.1454 of 2013 was filed by him as well as respondents 1 & 2 herein, as plaintiffs, against the respondents 3 to 5 herein/defendants, for the relief of eviction of tenants/defendants 1 & 2 and not to interfere with the peaceful possession of the plaintiffs. It is the grievance of the petitioner that the respondents 3 & 4/defendants 1 & 2, instead of contesting the suit, are taking mechanical adjournments and hence, the petitioner is before this Court seeking a direction for early disposal of the suit proceedings. https://hcservices.ecourts.gov.in/hcservices/

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Heard the learned Counsel for the petitioner and perused the

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materials available on record. Notice to the respondents is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the suit proceedings.

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Perusal of the B-Diary extract would clearly show that the matter has been adjourned periodically, without any reasons.

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Considering the facts and circumstances of the case and also the fact that the suit is of the year 2013, this Court is of the view that ends of justice will be met if a direction is issued to the learned Judge for early disposal of the suit proceedings. Accordingly, without adverting into the merits of the case, the learned I Additional District Munsif, Tiruchirappalli, is directed to dispose of the suit in O.S.No. 1454 of 2013 within a period of six months from the date of receipt of a copy of this order.

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With the above directions, this Civil Revision Petition is disposed of. There shall be no order as to costs.

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Sd/

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Assistant Registrar (CS-II) /True copy/

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Sub Assistant Registrar

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The I Additional District Munsif, Tiruchirappalli.

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+1cc to Mr.M.Karunanithi, Advocate, SR.No. 53777

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KK/GT/21.03.2018/SAR-2/2P-3C

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https://hcservices.ecourts.gov.in/hcservices/

Hazarth Nabi Sallalaho v. Jb Abdul Khadar

Case brief

What is this about?

What did the court decide?

Hazarth Nabi Sallalaho v. Jb Abdul Khadar

Case brief

What is this about?

What did the court decide?

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