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Peer Nawab Khan v. N.S.Mohamedsha died

Madras HC3 Jan 2025CRP(MD)/3267/2024

Case brief

AI extract

What is this about?

Time-bound disposal direction under Article 227; delayed final decree application I.A.No.1 of 2019 in O.S.No.98 of 2001 (partition suit, preliminary decree passed); Sub Court / Subordinate Judge Devakottai, Sivagangai District; Advocate Commissioner appointment; prior appeal A.S.No.75 of 2004 District Court Sivagangai dismissed; second appeal S.A(MD).No.1131 of 2005 Madras High Court; expeditious disposal within three months; no costs; single judge K. Govindarajan Thilakavadi; Madurai Bench; decided 03.01.2025.

What did the court decide?

Direction to the learned Subordinate Judge, Devakottai to dispose of I.A.No.1 of 2019 in O.S.No.98 of 2001 within a period of three months from the date of receipt of a copy of the order, on merits and in accordance with law; Civil Revision Petition disposed of with no costs. ¶26

Peer Nawab Khan Vs N.S.Mohamedsha died — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Revision Petition should be allowed by directing the learned Sub Court, Devakottai to dispose of I.A.No.1 of 2019 (final decree application) in O.S.No.98 of 2001, pending for about five years without progress, within a time frame fixed by this Court.

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Ratio / Principle

In view of the material facts and circumstances, and since the matter had been pending for the past five years without any progress, the Court held that in the interest of justice a direction should be issued to the learned Subordinate Judge, Devakottai to dispose of I.A.No.1 of 2019 in O.S.No.98 of 2001 pending on his file as expeditiously as possible.

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Key takeaways

The Civil Revision Petition was disposed of with a direction to the learned Subordinate Judge, Devakottai to dispose of I.A.No.1 of 2019 in O.S.No.98 of 2001 within a period of three months from the date of receipt of a copy of the order, on merits and in accordance with law; no costs were awarded.ratio¶26

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), K. Govindarajan Thilakavadi, J. - C.R.P(MD)No. 3267 of 2024, a Civil Revision Petition under Article 227 of the Constitution of India, disposed of on 03.01.2025. The petitioner, plaintiff in O.S.No.98 of 2001 on the file of the Sub Court, Devakottai (partition suit in which a preliminary decree was passed in his favour), filed I.A.No.1 of 2019 for passing of final decree and appointment of an Advocate Commissioner; the application had been pending for the past five years without progress. Respondents 6, 7 and 9 had earlier filed A.S.No.75 of 2004 before the District Court, Sivagangai (dismissed) and thereafter S.A(MD).No.1131 of 2005 before this Court (outcome not stated in the judgment). Taking note of the five-year pendency, the Court directed the learned Subordinate Judge, Devakottai to dispose of I.A.No.1 of 2019 in O.S.No.98 of 2001 within three months from receipt of a copy of the order, on merits and in accordance with law; no costs.

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CRP(MD).No.3267 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.01.2025

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CORAM

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THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No. 3267 of 2024

N.Peer Nawbkhan

: Petitioner

Vs.

1.N.S.Mohammedsha 2.J.Habeeb Begam 3.M.Syed Mohamed 4.M.Sibi Mohammed 5.M.Sulthan Samsuthen 6.N.Abbas (died) 7.N.Akbarsha 9.N.Selvam 10.S.Samsudeen 11.S.Chellappa 12.S.Samsudeen 13.S.Pappa 14.S.Rasi @ Samsunnika Begam 15.K.Abdul Khabaar 16.Yasin Mohamed 17.Chelladurai 18.Ganeshan 19.Amsha (died) 20.Nagoorpitchai 21.Peer Mohammed : Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Sub Court, Devakottai to dispose

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CRP(MD).No.3267 of 2024

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the case in I.A.No.1 of 2019 in O.S.No.98 of 2001 on the file of the Sub Court, Devakottai within a time frame fixed by this Court.

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For Petitioner : Mr. K.Navaneetha Raja

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ORDER

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This Civil Revision Petition has been filed seeking a direction to the

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the learned Sub Court, Devakottai to dispose the case in I.A.No.1 of 2019 in O.S.No.98 of 2001 on the file of the Sub Court, Devakottai within a

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time frame fixed by this Court. within a time frame fixed by this Court.

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Heard the learned counsel appearing for the petitioner.

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The learned counsel appearing for the revision petitioner would submit that the revision petitioner as the plaintiff filed the above suit in O.S.No.98 of 2001 on the file of the Sub Court, Devakottai for the relief of partition and in the said suit preliminary decree was passed in favour of the petitioner. Challenging the same, the respondent Nos.6, 7 and 9 filed a appeal suit in A.S.No.75 of 2004 on the file of the District Court, Sivagangai and the same was dismissed. Again, they have filed a S.A(MD).No.1131 of 2005 on the file of this Court. He would further submit that the petitioner herein has filed I.A.No.1 of 2019 for passing of

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CRP(MD).No.3267 of 2024

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final decree in the said suit and to appoint an Advocate Commissioner and the same is pending for the past 5 years without any progress and therefore, the said case may be disposed of within the time stipulated by this Court.

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Having been taken into consideration of the material facts and circumstances and that the matter is pending for the past five years without any progress, this Court is of the view that in the interest of justice, a direction may be issued to the learned Subordinate Judge, Devakottai to dispose the case in I.A.No.1 of 2019 in O.S.No.98 of 2001 pending on his file as expeditiously as possible.

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Accordingly, this Civil Revision Petition is disposed of with a direction to the learned Subordinate Judge, Devakottai to dispose the case in I.A.No.1 of 2019 in O.S.No.98 of 2001 pending on his file, within a period of three months from the date of receipt of a copy of this order on merits and in accordance with law. No costs.

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03.01.2025

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Index : Yes / No Internet : Yes/ No trp

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CRP(MD).No.3267 of 2024

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The Sub Court, Devakkottai, Sivagangai District

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