The Madurai Bench of the Madras High Court disposed of CMP(MD) No.11459 of 2019, which sought to stay execution proceedings pending a revision petition. The court closed the property preservation application as the main revision petition proceeded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.11459 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Nineteenth day of December Two Thousand Nineteen
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.11459 of 2019 IN CRP(MD) No.2195 of 2019
1 FATHIMA GANI
2 S.M.A.HAZINA JOHAN @ S.M.A.HAZINA BANU
3 S.M.A.NAZIRA BANU ... PETITIONERS/ PETITIONERS (CASUE TITLE ACCEPTED VIDE COURT ORDER DATED 05.11.2019 MADE IN CMP(MD)No.1366/2019 IN CRP(MD)SR5056/2019 BY KRJ)
Vs
1.HASARATH SAYAD SHAW MIAN SAKKAB, SAHIB KATHIR THAIKAL WAKF, REP BY ITS JUNIOR TRUSTEE SAYAD WAJHAN NAHI SAKKAB
2.THE SUPERINTENDENT, TAMIL NADU WAKF BOARD, 27, NEETHI NAGAR, COURT ROAD, (NEARBY STATE MEDICAL SHOP) THANJAVUR, THANJAVUR DISTRICT. ... RESPONDENTS/ RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the pending Execution proceedings in E.P. No.29/12 in W.O.P.No.11/1999 of the Principal Sub Court Thanajvur till the disposal of this CRP.
Prayer in CRP(MD). 2195/ 2019 :
To allow the Civil Revision Petition by quashing the proceedings in E.P. No.29/2012 in W.O.P. No.11/1999 on the file of Principal Subordinate Judge cum Wakf Tribunal Thanajvur on the ground of declared void under section 90(1)(3) of Wakf act 1955
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.ARUMUGAM, Advocate for the petitioners and of Mr.R.VIJAYAKUMAR, Advocate for R1 and Mr.S.A.AJMAL KHAN, Advocate https://hcservices.ecourts.gov.in/hcservices/ for R2, the court made the following order:-
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CMP(MD) No.11459 of 2019
Since the main CRP is ripe for arguments, CMP(MD)No.2195/2019 is closed.
sd/19/12/2019 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
1.THE PRINCIPAL SUBORDINATE JUDGE, THANJAVUR.
2.THE PRINCIPAL SUBORDINATE JUDGE CUM WAKF TRIBUNAL, THANJAVUR.
ORDER IN CMP(MD) No.11459 of 2019 IN CRP(MD) No.2195 of 2019 Date :19/12/2019
LS TK/JC/SAR.2/02.01.2020/2P/3C
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FATHIMA GANI
S.M.A.HAZINA JOHAN @ S.M.A.HAZINA BANU
S.M.A.NAZIRA BANU
HASARATH SAYAD SHAW MIAN SAKKAB
THE SUPERINTENDENT, TAMIL NADU WAKF BOARD
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
