Allowed

K.a.Shanawaskhan (Died) 1. S.Pyari Beevi v. M.Yahiakhan

Madras HC8 Dec 2023CRP/3388/2023

Case brief

AI extract

What is this about?

Two civil revision petitions filed under Article 226 challenging the dismissal of applications to reopen a partition suit for impleading legal heirs of a deceased plaintiff. The High Court allowed the petitions, setting aside the trial Court's order and directing the Trial Court to proceed within four months.

What did the court decide?

Impugned order in I.A.Nos. 3 and 4 of 2023 set aside. Civil Revision Petitions allowed. Trial Court directed to proceed and dispose of the matter within four months. Liberty granted to defendants to f

K.a.Shanawaskhan (Died) 1. S.Pyari Beevi Vs M.Yahiakhan — Partition | Madras HC (2023)

¶1

C.R.P.Nos. 3388 & 3425 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 08.12.2023

¶4

CORAM:

¶5

THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI

¶6

C.R.P.Nos. 3388 & 3425 of 2023 and C.M.P.Nos. 21049 & 21252 of 2023

¶7

C.R.P.No. 3388 of 2023

¶8

K.A.Shanawaskhan(Died)

¶9

1.S.Pyari Beevi 2.A.Parveen 3.K.Haseena 4.S.Rabiathul Basariya 5.S.Ajmalkhan .. Petitioners

¶10

¶11

1.M.Yahiakhan 2.M.Gulabjohn 3.M.Sadiq Batcha .. Respondents

¶12

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decreetal order passed in I.A.No.3 of 2023 in O.S.No.182 of 2011 on the file of the Additional District Munsif Court, Pollachi dated 19.06.2023.

¶13

1/5

¶14

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

¶15

C.R.P.Nos. 3388 & 3425 of 2023

¶16

For Petitioners : Mr.S.Prabhu C.R.P.No. 3425 of 2023

¶17

K.A.Shanawaskhan(Died)

¶18

1.S.Pyari Beevi 2.A.Parveen 3.K.Haseena 4.S.Rabiathul Basariya 5.S.Ajmalkhan .. Petitioners 6.Sherfunisha Aziz 7.Ayufkhan @ Naheepkhan 8.Aththaullakhan 9.Dhayeera ... Proposed parties

¶19

¶20

1.M.Yahiakhan 2.M.Gulabjohn 3.M.Sadiq Batcha .. Respondents

¶21

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decreetal order passed in I.A.No. 4 of 2023 in O.S.No. 182 of 2011 on the file of the Additional District Munsif Court, Pollachi dated 19.06.2023.

¶22

For Petitioners : Mr.S.Prabhu

¶23

C O M M O N O R D E R

¶24

These Civil Revision Petitions are filed challenging the

¶25

impugned order passed in I.A.Nos. 3 and 4 of 2023 in O.S.No. 182 of 2011,

¶26

the plaintiffs have preferred these revisions.

¶27

2/5

¶28

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

¶29

C.R.P.Nos. 3388 & 3425 of 2023

¶30

Before the trial Court, the plaintiffs / petitioners herein filed an application to reopen the case and want to implead some of the legal heirs of the deceased Abdul Aziz Khan. That application was dismissed by the trial Judge holding that after 12 years, after the completion of the evidence, as such cannot be entertained. Aggrieved by the said finding, the plaintiffs have preferred these revisions.

¶31

The learned counsel for the petitioners submitted that though the suit was filed in the year 2011, during the pendency of the same, the original plaintiff died. So they took steps to implead the legal heirs but omitted to implead the legal heirs of Abdul Ajiz Khan. So they filed an application in I.A.No.4 of 2023 to add them as 7 to 10 plaintiffs in the suit.

¶32

Admittedly, the plaintiffs' side evidence was closed and thereafter, the present application was filed. But necessity arose to implead the legal heirs due to the death of the original plaintiff during the pendency of the proceeding. Moreover, the defendants also raised objection that the suit is bad for non-joinder of necessary parties. Originally, suit is filed for

¶33

3/5

¶34

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

¶35

C.R.P.Nos. 3388 & 3425 of 2023

¶36

relief of partition, therefore, all the parties are necessarily to be impleaded who are having claim in the property, if not, it will lead to multiplicity of proceeding but the trial Judge failed to appreciate the legal proposition.

¶37

Accordingly, the finding of the trial Court in I.A.Nos.3 and 4 of 2023 in O.S.No.182 of 2011 is set aside and these Civil Revision Petitions are allowed. Plaintiffs / petitioners are directed to cooperate for the proceeding. Liberty is granted to the defendants / respondents herein to file additional written statement, if any. The trial Court namely Additional District Munsif Court, Pollachi is directed to proceed with the matter and dispose the same, within four months from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

¶38

08.12.2023 Index :Yes/No Neutral Citation :Yes/No AT To The Additional District Munsif Court, Pollachi.

¶39

4/5

¶40

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

¶41

C.R.P.Nos. 3388 & 3425 of 2023

¶42

T.V.THAMILSELVI, J.

¶43

¶44

C.R.P.Nos. 3388 & 3425 of 2023 and C.M.P.Nos. 21049 & 21252 of 2023

¶45

08.12.2023

¶46

5/5

¶47

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

K.a.Shanawaskhan (Died) 1. S.Pyari Beevi v. M.Yahiakhan

Case brief

What is this about?

What did the court decide?

K.a.Shanawaskhan (Died) 1. S.Pyari Beevi v. M.Yahiakhan

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

Similar cases

Mr.E.Moses Prasad Samuvel(Borrower) Vs Branch Manager

Jemini Vs Vaijayanthi

Jemini Vs Vaijayanthi

M.K.Indrasekar Vs S.Velayutham

K.Nagalakshmi (Deceased)1. S.Sivaneela Vs S.Mala

Lakshmanan Mudaliar (Dead), 1.Kannammal Vs C.Rajammal