Partly allowed

M.S.Habeeb Rahman v. a/M Panjavadiswara Swamy

Madras HC9 Mar 2022SA/140/2014

Case brief

AI extract

What is this about?

The High Court allowed a second appeal partly against a decree pertaining to immovable properties. The court confirmed the lower court's decree regarding Schedule A properties, directed the first respondent to file for eviction against the appellant, and ensured the Schedule B decree remains effective until eviction.

What did the court decide?

Decree confirmed for Schedule A properties; 1st Respondent directed to seek eviction order against Appellant; Decree for Schedule B properties held in force pending eviction.

M.S.Habeeb Rahman Vs a/M Panjavadiswara Swamy — Partition | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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WEDNESDAY THE NINTH DAY OF MARCH TWO THOUSAND TWENTY TOW

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PRESENT

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THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH

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Second Appeal No.140 of 2014

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M.S.Habeeb Rahman ...Appellant/Appellant/ Plaintiff

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.Vs.

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1.A/M.Panjavadiswara Swamy Devasthanam Anathandapuram By its Trustee Jagadeesa Gurukkal Anathandavapuram, Mayiladuthurai Taluk Nagapattinam District.

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2.Mohameed Yusuf

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3.Syed ... Respondents/Respondents/Defendants

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Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S.No.8 of 2013 dated 24.09.2013 on the file of the Court of Principal Subordinate Judge, Mayiladuthurai in confirming the judgment and decree passed in O.S.No.81 of 2008 dated 04/12/2012 on the file of the Court of Principal District Munsif, Mayiladuthurai.

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DECREE:

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This Second Appeal coming on for hearing on this day upon perusing the Judgment and Decrees of the lower Appellant court and the Court of first instance and material records available in this case and upon hearing the arguments of Mr.A.Muthukumar Advocate for the appellant and of Mrs.J.T.Ajitha advocate for respondent 2 & 3 and steps not having been taken to serve notice to the first respondent and this Court while allowing this appeal in part and in partial modification of the decree of the Courts below, doth order and decree as follows.

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that the decree of the courts below in sofar as they relates to the properties more fully described in schedule “A” in the decree of the courts below do stand confirmed;

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

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2.that the 1^st Respondent/1^st Defendant be and hereby is directed to proceed against the appellant/Plaintiff for an order of eviction before the Competent Court.

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3.That the decree passed by the Court below is sofar as relates to the property more fully described in schedule “B” in the decree of the court below shall be in force till the 1^st respondent/1^st Defendant obtains an order in pursuance of the clause (ii) above;

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4.that there be no order as to costs in this Appeal.

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Sd/Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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KP To

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1.The Principal Subordinate Judge, Mayiladuthurai

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2.The Principal District Munsif, Mayiladuthurai.

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3.Copy to:- The Section Officer V.R.Section, High Court, Madras.

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+1cc to Mr.A.Muthukumar, Advocate, S.R.No.16128

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Second Appeal No.140 of 2014

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DATED : 09/03/2022

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Allowing the Second Appeal in part filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S.No.8 of 2013 dated 24.09.2013 on the file of the Court of Principal Subordinate Judge, Mayiladuthurai in confirming the judgment and decree passed in O.S.No.81 of 2008 dated 04/12/2012 on the file of the Court of Principal District Munsif, Mayiladuthurai, etc., as stated within.

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RGN(CO) CT 10/06/2022

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

M.S.Habeeb Rahman v. a/M Panjavadiswara Swamy

Case brief

What is this about?

What did the court decide?

M.S.Habeeb Rahman v. a/M Panjavadiswara Swamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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