The petition seeking an ad-interim injunction to restrain proposed respondents from altering the nature of suit property was treated as closed, having been decided as part of the main appeal.
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.11220 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Twenty First day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.11220 of 2017 IN AS No.532 of 1993
1 G.ABDUL AZIZ (DIED) 2 A.KHAJA MAINUDEEN (DIED) 3 S.SHAHIDA HAQUE 4 K.RUXANA 5 K.MOHAMED ABBAS ... PETITIONERS/APPELLANTS
Vs 1 SOPHIA BIBI(DIED) 2 OMANDUR 3 RAMAKRISHANA REDDIAR 4 S.SIRAJ (SINCE DECEASED) 5 S.DAMODARAN 6 K.MOHAMED IMTHIAS AHAMED 7 K.ABDUL KHADAR (SINCE DECEASED) 8 M.MOHAMED KLIAS 9 NASEEMA BEGAM (SINCE DECEASED) 10 SHAMEEM BEGAM 11 SHAKEELA BEGAM 12 S.A.AJRA THAPASUM 13 IQBAL AHAMED 14 NAJMUNISHA ... RESPONDENTS 1 TO 14/RESPONDENTS 15 SHABBAR 16 MUZAMMIL ... RESPONDENTS 15 & 16/LRs of 4th RESPONDENT 17 FATHIMA BEGAM 18 JABEENA BEGAM 19 AYESHA BEGAM 20 GOWSHIA BEGAM 21 SULTHANA BEGAM 22 MOHAMED ABDULLAH ... RESPONDENTS 17 TO 22/LRs of 9th RESPONDENT 23 R.SHARMILA 24 R.MOHAMED RAFI ... RESPONDENTS 23 & 24/ PROPOSED RESPONDENTS 23 & 24
1/3
CMP(MD) No.11220 of 2017
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an AD-INTERIM INJUNCTION restraining the respondents 23 and 24 from any manner changing the nature and character of the suit property either by demolishing any portion thereof or by putting up construction in the 4th item of suit property in O.S.No. 217 of 1984 on the file of Principal Sub Court, Trichy pending disposal of the above First Appeal.
SCHEDULE PROPERTY
Erode District, Erode Town, Municipal Ward No.21, Old Municipal Door No.11 and the present Door No.10, Ori Street, Erode, Terraced and tiled house T.S.No.1207/part Ori Street (Old South Mohamedan Street) 31/2 anganama with water tap seveaning lane with one upstairs room and electric installation with electing meter including the security meter including the security deposit with the Tamilnadu Electricity Board for the said electric installation South of Ori Street west of Nabi sahib's House, Esat of Late Vaiyapuri Chettiar's House and North of Piravidai of late Somasundara Mudaliar's House.
PRAYER IN AS(MD) No.532 of 1993:
Appeal suit filed under section 96 and Order 41 Rule 1 of Civil Procedure Code to set aside the judgment and decree made in O.S.No.217 of 1984, dated 21.01.1993, on the file of the learned Principal Subordinate Judge, Tiruchirappalli.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES for the petitioner and of MR.R.SUBRAMANIAN, Advocate on behalf of the Respondent Nos.6, 10, 12 & 13, 17 to 21 and of MR.K.S.SANKHAR MURALI, Advocate on behalf of the 11th Respondent and of M/S.B.MAHALAKSHMI, Advocate on behalf of the Respondent No.23 & 24, the court made the following order:-
The matter to be decided in this petition and the appeal are the same.
Hence, this Civil Miscellaneous Petition stands closed. sd/21/03/2022
/ TRUE COPY /
/ /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
CMP(MD) No.11220 of 2017
TO
THE PRINCIPAL SUBORDINATE JUDGE, TIRUCHIRAPPALLI.
ORDER IN CMP(MD) No.11220 of 2017 IN AS No.532 of 1993 Date :21/03/2022
RS/VR/SAR.1(22.03.2022) 3P-2C
3/3
3. S.Sha hive Haque
4. K.Ruxana
5. K.Mohamed Abbas
M/S.B.Mahalakshmi
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
