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2025 DAILYLAW 33872 (MAD)

R.PREMA v. SYED USAMN KHADIRI

AS/183/2023 · 2025-03-14

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A.S.Nos.183, 179 and 182 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2025 CORAM THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.S.Nos.183, 179 and 182 of 2023 and C.M.P.Nos.7104, 7227 and 7230 of 2023 A.S.No.183 of 2023 R.Prema ... Appellant/1st Respondent/Plaintiff -vs- Syed Usman Khadiri (died) Syed Hilal Ahmed Khadiri Sahib (died) 1. A.Md.Noorullah ... Respondent/Respondents/Defendants 1-3 2. K.Jawarilal Jain 3. K.Anand 4. K.Vinod ... Respondents/Petitioners/Defendants 4-6 5. District Collector, Vellore, Vellore District. 6. The Revenue Divisional Officer, Vellore Division, Vellore District. 7. The District Revenue Officer, Vellore, Vellore District. 8. The Tahsildar, Vellore, Vellore District. 1/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 9. The Sub-Registrar, Joint-1, Vellore, Vellore District. 10.The District Registrar, Vellore, Vellore District. 11.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai. ... Respondents/Respondents/Defendants 7-13 Prayer: Appeal Suit is filed under Section 96 r/w Order XLI Rule 1 of the CPC to set aside the judgment and decree in I.A.No.4 of 2019 in O.S.No.83 of 2019 dated 15.02.2023 on the file of the Additional District Court (FTC), Vellore as manifestly erroneous, arbitrary and legally untenable. For Petitioner : Mr.M.Arumugam For R2 to R4 : Mr.S.Saravanakumar For R5 to R11 : Mrs.K.Aswini Devi Addl. Govt. Pleader A.S.No.179 of 2023 N.Karnal ... Appellant/1st Respondent/Plaintiff -vs- Syed Usman Khadiri (died) Syed Hilal Ahmed Khadiri Sahib (died) 1. A.Md.Noorullah ... Respondent/4th Respondent/3rd Defendant 2. K.Jawarilal Jain 3. K.Anand 4. K.Vinod ... Respondents/Petitioners/Defendants 4-6 2/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 5. District Collector, Vellore, Vellore District. 6. The Revenue Divisional Officer, Vellore Division, Vellore District. 7. The District Revenue Officer, Vellore, Vellore District. 8. The Tahsildar, Vellore, Vellore District. 9. The Sub-Registrar, Joint-1, Vellore, Vellore District. 10.The District Registrar, Vellore, Vellore District. 11.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai. ... Respondents/Respondents/Defendants 7-13 A.S.No.182 of 2023 A.Murthy ... Appellant/1st Respondent/Plaintiff -vs- Syed Usman Khadiri (died) Syed Hilal Ahmed Khadiri Sahib (died) 1. A.Md.Noorullah ... Respondent/Respondents/Defendants 1-3 2. K.Jawarilal Jain 3. K.Anand 3/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 4. K.Vinod ... Respondents/Petitioners/Defendants 4-6 5. District Collector, Vellore, Vellore District. 6. The Revenue Divisional Officer, Vellore Division, Vellore District. 7. The District Revenue Officer, Vellore, Vellore District. 8. The Tahsildar, Vellore, Vellore District. 9. The Sub-Registrar, Joint-1, Vellore, Vellore District. 10.The District Registrar, Vellore, Vellore District. 11.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai. ... Respondents/Respondents/Defendants 7-13 Prayer: Appeal Suit is filed under Section 96 r/w Order XLI Rule 1 of the CPC to set aside the judgment and decree in I.A.No.4 of 2019 in O.S.No.84 of 2019 dated 15.02.2023 on the file of the Additional District Court (FTC), Vellore as manifestly erroneous, arbitrary and legally untenable. 4/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 For Petitioner : Mr.M.Arumugam For R2 to R4 : Mr.S.Saravanakumar For R5 to R11 : Mrs.K.Aswini Devi Addl. Govt. Pleader ***** C O M M O N J U D G M E N T Three Suits in O.S.Nos.82 to 84 of 2019 were filed by the plaintiffs, challenging the purchase made by the defendants in the respective suits. Defendants 4 to 6 filed I.A.No.4 of 2019 for rejection of suits. The Trial Court, after analyzing the documents and evidence, rejected all the suits on the ground that suits were barred by limitation. Challenging the decree and judgment of the Trial Court dated 15.02.2023, the plaintiffs are before this Court. 2. When these matters are taken up for hearing, the appellants/plaintiffs and the defendants in the suits, who all appeared before this Court physically and are identified by their respective counsel, have filed a Memorandum of Compromise dated 14.03.2025. On behalf of the appellant in A.S.No.182 of 2023, his Power of Attorney N.Karnal, who is the appellant in A.S.No.179 of 2023 is present and signed the Memorandum of Compromise. 5/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 3. The parties to the compromise memo have stated before this Court that they are agreeable for the amicable settlement. The Memorandum of Compromise shall form part of Decree and judgment. 4. In view of the above, all the Appeal Suits are disposed of in terms of the compromise agreed between the parties. Registry is directed to draft the decree in terms of the compromise in each of the appeal. Necessary fee, if any shall have to be paid by the parties. After drafting the decree, the same may be communicated to the concerned Registering Authority. No costs. Consequently, connected Miscellaneous Petitions are closed. 14.03.2025 Index: Yes / No 3/3 Internet: Yes / No ar 6/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 To: 1. The Additional District Judge (FTC), Vellore 2. District Collector, Vellore, Vellore District. 3. The Revenue Divisional Officer, Vellore Division, Vellore District. 4. The District Revenue Officer, Vellore, Vellore District. 5. The Tahsildar, Vellore, Vellore District. 6. The Sub-Registrar, Joint-1, Vellore, Vellore District. 7. The District Registrar, Vellore, Vellore District. 8. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai. 9. The Section Officer, V.R.Section, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis A.S.Nos.183, 179 and 182 of 2023 N.SATHISH KUMAR,J., ar A.S.Nos.183, 179 and 182 of 2023 3/3 14.03.2025 8/8 https://www.mhc.tn.gov.in/judis