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2025 DAILYLAW 7716 (MAD)

K.M.G.Hasan Abdul Cader, v. I. Mumtaz Banu,

CRP/4626/2025 · 2026-07-01

Abdul Quddhose

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP Nos. 4626 of 2025 & 3251 of 2026 ____________ Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 4626 of 2025 & 3251 of 2026 and CMP Nos.23344 & 26514 of 2025 and 14144 of 2026 K.M.G.Hasan Abdul Cader ..Petitioner in both petitions Vs Mumtaz Banu ..Respondent in both petitions Prayer in C.R.P.No.4626 of 2025 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to Set Aside the Impugned Order dated 28.08.2025 passed in I.A.No.3/2025 in O.S.No.5758/2023 on the file of XII Assistant City Civil Court at Chennai. Prayer in C.R.P.No.3251 of 2026 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the Impugned Order dated 30.04.2026 passed in I.A.No.4/2025 in O.S.No.5758/2023 on the file of XII Assistant City Civil Court, Chennai and to set aside the same. For Petitioner: (in both petitions) Mr.S.Veeraraghavan https://www.mhc.tn.gov.in/judis CRP Nos. 4626 of 2025 & 3251 of 2026 ____________ Page No.2 of 6 For Respondent: (in both petitions) Mr.H.Syed Alim ***** COMMON ORDER C.R.P.No.4626 of 2025 has been filed challenging the impugned order, dated 28.08.2025 passed in I.A.No.3 of 2025 in O.S.No.5758 of 2023 on the file of the XII Assistant City Civil Court, Chennai. In the aforesaid order, an Advocate Commissioner has been appointed in favour of the respondent/plaintiff to note down the physical features of the suit schedule property. 2. C.R.P.No.3251 of 2026 has been filed challenging the impugned order, dated 30.04.2026 passed in I.A.No.4 of 2025 in O.S.No.5758 of 2023 on the file of the XII Assistant City Civil Court, Chennai. In the aforesaid order, the application filed by the respondent/plaintiff seeking amendment of the pleadings and prayer in the plaint of the said suit has been allowed. https://www.mhc.tn.gov.in/judis CRP Nos. 4626 of 2025 & 3251 of 2026 ____________ Page No.3 of 6 3. Since the aforesaid revisions have been filed in respect of the very same suit, this Court is disposing of both the revisions through a common order. 4. At the outset, learned counsel for the respondent, on instructions, would submit that, subsequent to the allowing of the amendment application filed by the respondent in I.A.No.4 of 2025 in O.S.No.5758 of 2023, amendment has already been carried out in the plaint filed in O.S.No.5758 of 2023. Therefore, he would submit that nothing survives for further adjudication in C.R.P.No.3251 of 2026. The fact that amendment has already been carried out has also not been disputed by the learned counsel for the petitioner. 5. The suit has been filed for permanent injunction by the respondent/plaintiff to restrain the petitioner/defendant from interfering with the peaceful possession and enjoyment of the suit schedule property by the respondent/plaintiff. The Advocate Commissioner has been appointed by the trial court on 28.08.2025 in I.A.No.3 of 2025 in https://www.mhc.tn.gov.in/judis CRP Nos. 4626 of 2025 & 3251 of 2026 ____________ Page No.4 of 6 O.S.No.5758 of 2023 only to note down the physical features of the suit schedule property. 6. Learned counsel for the respondent would also submit that pursuant to the orders passed by the trial court appointing an Advocate Commissioner, the respondent has already paid the remuneration to the Advocate Commissioner on 15.09.2025 itself. The said fact has also not been disputed by the learned counsel for the petitioner. 7. In view of the above reasons, the question of interfering with the impugned orders which are the subject matters of these revisions by this Court at this stage does not arise. When the amendment has already been carried out pursuant to the order of the trial court and an Advocate Commissioner has been appointed just to note down the physical features of the suit schedule property, the question of interfering with the impugned orders does not arise. The suit is in the trial stage. Due to the pendency of these revisions, the suit proceedings has got delayed. https://www.mhc.tn.gov.in/judis CRP Nos. 4626 of 2025 & 3251 of 2026 ____________ Page No.5 of 6 8. For the foregoing reasons, this Court does not find any merit in these revisions. Accordingly, these Civil Revision Petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 01-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To The XII Assistant City Civil Court, Chennai. https://www.mhc.tn.gov.in/judis CRP Nos. 4626 of 2025 & 3251 of 2026 ____________ Page No.6 of 6 ABDUL QUDDHOSE J. sp CRP No. 4626 of 2025 & 3251 of 2026 and CMP Nos.23344 & 26514 of 2025 and 14144 of 2026 01-07-2026 https://www.mhc.tn.gov.in/judis