Allowed

Adyar Baithulmal, v. S. Mohammed Kamil

Madras HC29 Jul 2021CRP/1022/2018

Case brief

AI extract

What is this about?

A civil revision petition filed under Article 226 challenging an order allowing the impleadment of a 14th respondent without considering the petitioner's counter. The High Court allowed the petition, set aside the lower court's order, and remanded the matter for fresh disposal.

What did the court decide?

The order of 21.02.2018 in IA No. 11033 of 2016 was set aside, and the application was remanded to the trial court with a direction to consider the petitioner's counter and decide on merits within fou

Adyar Baithulmal, Vs S. Mohammed Kamil — Property and Title | Madras HC (2021)

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CRP.PD.No.1022 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.07.2021

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CORAM

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THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRP.PD.No.1022 of 2018

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and

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CMP.No.5423 of 2018

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Adyar Baithulmal,
Regd Society Bearing Regn No.566/07,
Rep. by its Secretary,
K.A.Mohideen Meera ..Petitioner
Vs.
1.S.Mohammed Kamil
2.R.Akhtar Ansari
3.K.Hussain Wahab
4.M.Dulkarnai
5.Khursani Peer Dargah and Mosque,
Managing Committee,
Rep. by M.A.Wasiem
6.Meeran Mohideen
7.Mohammed Yusuf
8.M.Mohideen
9.Mohammed Ali
10.Abdul Khader
11.Mohammed Yunus Sait
12.Mohammed Ilias
13.R.Akthar Hansari
14.Tamil Nadu Wakf Board,
Rep.by its Chief Executive Officer,
No.1, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai-1 ..Respondents

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.1022 of 2018

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PRAYER:

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The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 21.02.2018 passed in IA.No.11033 of 2016 in OS.No.281 of 2012 on the file of the XI Assistant Judge, City Civil Court, Chennai.

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For Petitioner : Mr.N.A.Nissar Ahmed

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For Respondents
For R14 : Mrs.R.Sripriya
for Mr.V.Lakshminarayanan
R1 to 13 : No appearance
ORDER
This Civil Revision Petition is filed against the fair and decretal
order dated 21.02.2018 passed in IA.No.11033 of 2016 in OS.No.281

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of 2012 on the file of the XI Assistant Judge, City Civil Court, Chennai, thereby allowing the petition to implead the 14^th respondent as party to the suit.

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The petitioner is the plaintiff and the respondents are the defendants. The petitioner field suit for bare injunction in respect of the suit property. While pending the suit, the respondents 1 to 4 herein filed petition to implead the 14^th respondent herein as party to the suit. The petitioner filed detailed counter and the 14^th respondent

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.1022 of 2018

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herein made endorsement to the effect that they have no objection. Recording the said endorsement, the court below allowed the petition without considering the counter filed by the petitioner herein. Therefore it is liable to be set aside.

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Accordingly, this civil revision petition is allowed and the order dated 21.02.2018 passed in IA.No.11033 of 2016 in OS.No.281 of 2012 on the file of the XI Assistant Judge, City Civil Court, Chennai is set aside. The application in IA.No.11033 of 2016 in OS.No.281 of 2012 is remanded back to the trial court for fresh disposal. The court below is directed to consider the counter filed by the petitioner and decide the application on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. No order as to costs.

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29.07.2021

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Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok

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The XI Assistant Judge, City Civil Court, Chennai.

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.1022 of 2018

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G.K.ILANTHIRAIYAN,J.

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lok

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CRP.PD.No.1022 of 2018

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29.07.2021

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https://www.mhc.tn.gov.in/judis/

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Adyar Baithulmal, v. S. Mohammed Kamil

Case brief

What is this about?

What did the court decide?

Adyar Baithulmal, v. S. Mohammed Kamil

Case brief

What is this about?

What did the court decide?

What the court decided

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