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Madras High Court · body

2025 DAILYLAW 189353 (MAD)

N.Bibi Hajira and 7 others v. N.Mohamed Ismail

A/4846/2025 · 2025-12-04

P Dhanabal

Transfer Petitionbody2025

Judgment text

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A No. 4846 of 2025 in CS 103 of 2022 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-02-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL A No. 4846 of 2025 in CS 103 of 2022 1. N.Bibi Hajira and 7 others D/o.Late Haji M.A.Naina Mohamed, W/o.M.Mohamed Yousoof, 2. N.Halima Ummal D/o.Haji M.A.Naina Mohamed, W/o.Mohamed Ismail 3. Zulaikha D/o.Haji M.A.Naina Mohamed, W/o.M.K.Mohamed Usman, 4. N.Oummou Habiba D/o.Haji M.A.Naina Mohamed, W/o.M.Sulthan Arif, 5. N.Zubaidha D/o.Haji M.A.Naina Mohamed, W/o.M.I.Mohamed Ibrahim. 6. O.Badrunisa W/o.N.Mohamed Hassan 7. M.Abdul Hameed S/o.N.Mohamed Hassan. 8. M.Shameera Natchial D/o.N.Mohamed Hassan, ..Applicant(s) Vs https://www.mhc.tn.gov.in/judis A No. 4846 of 2025 in CS 103 of 2022 __________ Page2 of 4 N.Mohamed Ismail S/o.Late Haji M.A.Naina Mohamed, ..Respondent(s) PRAYER: The application has been filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIV Rule 5(3) of Code of Civil Procedure praying to pass a final decree in the above suit on the basis of the report filed by the Advocate Commissioner and allot 58/504 shares each to petitioners 1 to 5/plaintiffs 1 to 5 and 98/504 shares each to petitioners 6 to 9/plaintiffs 6 to 9 in the above C.S.No.103 of 2022. For Applicant(s): Ms.M.Nuzhath Khanam For Respondent(s): Mr.J.R.K.BHAVANANTHAM ORDER Today the learned Advocate Commissioner filed a memo stating that this Court, by an order dated 04.12.2025 in this application A. No.4845 of 2025, was pleased to appoint Ms. M. Nuzhath Khanam as Advocate Commissioner to divide the Suit properties in accordance with the preliminary decree with a qualified Surveyor and to file report and plan by 06.02.2026. The said Advocate Commissioner is the counsel on record in this application. Therefore, she returned the Commissioner Warrant and the same is recorded. 2. Since the earlier Commissioner appointed by this Court in this application is the Counsel on record for one of the parties, this Court, now https://www.mhc.tn.gov.in/judis A No. 4846 of 2025 in CS 103 of 2022 __________ Page3 of 4 appoint Ms. G. Sumithra, MS 1578/1999, Ph. No.9841 256658 as an Advocate Commissioner to divide the Suit properties in accordance with the preliminary decree with a qualified Surveyor and to file report and plan by 04.04.2026. The Commissioner fee fixed at Rs.25,000/- (Rupees Twenty-Five Thousand only) to be paid by the applicant directly to the Advocate Commissioner. 3. Post the matter on 04.04.2026. 06-02-2026 MJS https://www.mhc.tn.gov.in/judis A No. 4846 of 2025 in CS 103 of 2022 __________ Page4 of 4 P.DHANABAL, J. MJS A No. 4846 of 2025 in CS 103 of 2022 06-02-2026 https://www.mhc.tn.gov.in/judis