Dismissed

A.K.Buhari v. Lakshmi

Madras HC12 Oct 2023CRP(MD)/2636/2023

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, dismissed a civil revision petition. The High Court held that the trial court correctly dismissed the petition filed by the defendants to file an additional written statement regarding subsequent alienations of the suit property, upholding the trial court's reliance on the doctrine of lis pendens.

What did the court decide?

The petitioner is at liberty to canvass the subsequent alienations in the evidence to be adduced before the concerned Court.

A.K.Buhari Vs Lakshmi — Property and Title | Madras HC (2023)

¶1

C.R.P.(MD)No.2636 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 12.10.2023

¶4

CORAM:

¶5

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

¶6

C.R.P.(MD)No.2636 of 2023 and C.M.P.(MD)No.13750 of 2023

¶7

1.A.K.Buhari

¶8

2.A.Sulthan Badhusha : Petitioners/Petitioners

Defendants 2 & 3

Vs.

1.Lakshmi

2.Saranya

¶13

3.Minor.Varun

¶14

4.Minor.Madhavan

¶15

5.Murugan

¶16

6.Sudalai

¶17

7.Velu

¶18

8.Kali

¶19

9.Sudari : Respondents 1 to 9/Respondents 1 to 9 Plaintiffs

¶20

10.Azhwar

¶21

11.Aycourt Raja

¶22

https://www.mhc.tn.gov.in/judis 1/5

¶23

C.R.P.(MD)No.2636 of 2023

¶24

12.Noor Mohamed 13.Barakath Nisha : Respondents 10 to 13 /Respondents 10 to 13 Defendants 1, 4 to 6

¶25

Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal order dated 21.08.2023 passed in I.A.No.6 of 2023 in O.S.No.165 of 2019 on the file of the Principal Sub Court, Tirunelveli.

¶26

For Petitioner : Mr.V.Meenakshi Sundaram

¶27

ORDER

¶28

The Civil Revision Petition is directed against the order passed in I.A.No.6 of 2023 in O.S.No.165 of 2019, dated 21.08.2023 on the file of the Principal Sub Court, Tirunelveli, dismissing the petition for receiving additional written statement.

¶29

Heard the learned counsel for the petitioners and also perused the

¶30

records.

¶31

As rightly observed by the learned trial Judge, in the additional written statement, the petitioner has raised the alienation made during the

¶32

https://www.mhc.tn.gov.in/judis 2/5

¶33

C.R.P.(MD)No.2636 of 2023

¶34

pendency of the suit as additional defence. Except the above, the petitioners have not raised any other new plea.

¶35

The trial Court has rightly, by observing that during the pendency of the suit, the defendants 2 and 3 have alienated the portion of the suit property to the defendants 4 to 6 and on that basis, they were made as parties to the suit and that subsequently, after filing of the written statement, the petitioners/defendants 2 and 3 were alleging that they have sold the portion of the suit property to three persons Samadhani, Sahul Hameed, Seyad Mydeen Ayubkhan and by holding that the sales are subject to the doctrine of lis pendens , dismissed the petition.

¶36

On considering the entire facts and circumstances of the case and also taking note of the alienations allegedly made during the pendency of the suit, the impugned order of the trial Court, dismissing the petition cannot be found fault with. Hence, this Court concludes that the Civil Revision Petition is devoid of merits and the same is liable to be dismissed.

¶37

https://www.mhc.tn.gov.in/judis 3/5

¶38

C.R.P.(MD)No.2636 of 2023

¶39

In the result, the Civil Revision Petition is dismissed. The petitioner is at liberty to canvass the subsequent alienations in the evidence to be adduced before the concerned Court. No costs. Consequently, connected Miscellaneous Petition is closed.

¶40

12.10.2023

¶41

NCC :yes/No Index :yes/No Internet:yes/No das

¶42

¶43

1.The Principal Sub Court, Tirunelveli.

¶44

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

¶45

https://www.mhc.tn.gov.in/judis 4/5

¶46

C.R.P.(MD)No.2636 of 2023

¶47

K.MURALI SHANKAR,J.

¶48

das

¶49

Order made in C.R.P.(MD)No.2636 of 2023 and C.M.P.(MD)No.13750 of 2023

¶50

Dated : 12.10.2023

¶51

https://www.mhc.tn.gov.in/judis 5/5

A.K.Buhari v. Lakshmi

Case brief

What is this about?

What did the court decide?

A.K.Buhari v. Lakshmi

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

P.Rani Vs a.Pushpa

The Manager, Vs Pushpam

Rathnam, Vs Rajan

Jayden Adhip Vs J. Lixio Leno

Periyasamy Gounder @ Appavu (Died) 1. Periyathambi Vs Periyasamy Gounder

Swaminathan Vs Vigneshwari