CRP(MD). No.1057 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/10/2025 CORAM THE HONOURABLE MR. JUSTICE K.KUMARESH BABU CRP(MD). No.1057 of 2025 Mahaboob Beevi(Died) Sulthan Bivi (Died) Rahumathi Bivi (Died) Noorjahan (Died) Mumtaj (Died) Syed Nurdin (Died) John Batcha (Died) 1. Mohamed Ali Jinna 2. Jahangir Batcha 3. Pyari Jhan 4. M.Nowsath Begum 5. A.Mohamed Basheer 6. A.Abitha Begum 7. H.Sulthan Khan ... Petitioners Vs Kadar Khan (died) Abdul Hamid Khan (Died) M.Abdul Majeed Khan (Died) Mahaboob Khan Sahib (Died) Mumtaj (Died) Rasool Bivi (Died) Bibi John (Died) 1/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.1057 of 2025 Amanulla Khan (Died) Moidheen Basha (Died) Heera Khan (died) Razia Begam (Died) Shajahija (Died) Sardaj Begam (Died) 1. Piyari 2. Ghori 3. Gulab 4. Abdul Azeez Khan 5. Asmath Banu 6. Abdul Salam Khan 7. Suriya Begum 8. Budadheen 9. Ibrahim 10. Fathima 11. Rahamathullah Khan 12. Kurshid Begum 13. Akbar Ali 14. Ibrahim 15. Kushkamar Begum 16. Zeenath Banu 17. Abdul Ajmal Khan 18. Masoodha Banu 19. Arshiya Fathima 20. Nawaziya Fathima 21. Mohammed Zohara 22. A.Babu 23. S.A.Noor Basha 24. S.S.Shakila 25. M.A.Tajan Bi 26. M.Ayub Khan 27. M.Nasar Khan 28. M.Yusuf Khan 29. M.Yasmin Nihar 30. Ammerunisha Begum 31. Sharfunihsa Begum 2/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.1057 of 2025 32. Salma Begum 33. Minor Jasmine 34. Minor.Mohamed Suhail 35. Abdul Beig 36. Abdul Samad 37. Abdul Hameed 38. Nisha Banu, 39. V.Ilangumaran 40. Visalakshi ... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records relating to the fair and decreetal order passed in I.A.No.996 of 2006 in O.S.No.1120 of 2006 on the file of the 1st Additional District Munsif Court, Madurai dated 03.06.2024 and to set aside the same as illegal. For Petitioners : M/s.S.Mohamed Kadhar For Respondent Nos.39 & 40 : R.G.Sankar Ganesh ORDER This Civil Revision Petition is filed to set aside the fair and decreetal order passed in I.A.No.996 of 2006 in O.S.No.1120 of 2006 on the file of the 1st Additional District Munsif Court, Madurai dated 03.06.2024 3/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.1057 of 2025 2. This Civil Revision Petition has been filed challenging the dismissal order in I.A.No.996 of 2006 in O.S.No.1120 of 2006. The said I.A.No.996 of 2006 had been filed under Order XX Rule 12 of CPC, seeking to pass a decree for the recovery of immovable property and mesne profits as final decree and also filed under Order XXVI Rule 9 and 10 seeking to appoint an Advocate Commissioner to divide the suit schedule properties. In a suit that had been initially instituted in the year 1973, pending final decree application, certain parties have died and an application to bring on record the legal heirs has also been ordered. However, the petitioners herein who are the plaintiffs in the suit had not carried out the amendment as ordered and therefore the final decree application had been dismissed. 3. Further, it was not brought to the notice of this Court that the petitioners herein had filed an I.A.No.6 of 2024 as early as on 04.06.2024. When the same was pending before the court below, the petitioners had approached this Court challenging the order of dismissal made in I.A.No.996 of 2024. In the present civil revision petition, the petitioners have not disclosed the pendency of I.A.No.6 of 2024. 4/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.1057 of 2025 4. In such view of the matter, this Court is of the view that the conduct of the petitioners would amount to abuse of process of this Court, as they have suppressed the pendency of the I.A.No.6 of 2024, therefore, the present Civil Revision Petition is liable to be dismissed. Accordingly, this Civil Revision Petition is dismissed. No costs. The petitioners herein are directed to pay cost of Rs.1000/- (Rupees one Thousand only) each to the District Legal Services Authority, Madurai District. 17.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gvn To:- 1. The 1st Additional District Munsif Court, Madurai 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3. The Officer-in-charge, The District Legal Services Authority, Madurai District. 5/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.1057 of 2025 K.KUMARESH BABU, J. gvn ORDER IN CRP(MD). No.1057 of 2025 Date : 17/10/2025 6/6 https://www.mhc.tn.gov.in/judis