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2026 DAILYLAW 62168 (MAD)

Syed Abdhahir v. Kaja Mohideen (Died), 1.Farook Abdullah

CRP(MD)/2298/2026 · 2026-08-17

R Poornima

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P(MD)No.2298 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2026 CORAM: THE HONOURABLE MS.JUSTICE R. POORNIMA C.R.P(MD)No.2298 of 2026 and CMP(MD)No.11171 of 2026 Syed Abdhahir : Petitioner/1st Respondent/ Plaintiff Vs. Kaja Mohideen (Died) 1.Farook Abdullah 2.Umar Farook Abdullah : Respondents 1 and 2/ Petitioners 2 and 3/ Defendants 2 and 3 S.G.M.Sha (Died) 3.Fathima Kani 4.The Sub Registrar, Thirumangalam. 5.The District Collector, Registration Department, Madurai District. : Respondents 3 to 5/ Respondents 3 to 5/ Defendants 5 to 7 PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in IA No.29 of 2025 in OS No.45 of 2019 on the file of the Principal District Munsif Court, Thirumangalam, dated 15/04/2026 as far as the liberty portion alone. 1/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2298 of 2026 For Petitioner : Mr.T.Selvan For R4 to R5 : Mr.I.Pinayagash Special Government Pleader ORDER This Civil Revision Petition has been filed to set aside the fair and decreetal order passed in I.A.No.29 of 2025 in O.S.No.45 of 2019, on the file of the learned Principal District Munsif Court, Thirumangalam, dated 15/04/2026, insofar as the liberty granted therein is concerned. 2.The petitioner, who is the plaintiff, has filed the suit seeking a declaration that the sale deed dated 10/10/2012 executed by the first defendant in favour of defendants 2 and 3 and the sale deed, dated 23/11/2006 registered before defendants 4 and 5 are null and void and for a consequential injunction restraining the official respondents from registering any document. Pending the suit, defendants 1 to 3 filed I.A.No.29 of 2025 seeking permission to register the document in respect of the first item of the suit property. The learned Trial Court, by order dated 15/04/2026 dismissed the said petition holding that pending disposal of the suit, defendants 1 to 3 are not permitted to register the document, which will affect the outcome of the proceedings. However, 2/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2298 of 2026 the Trial Court granted liberty to defendants 1 to 3 to file an appropriate petition, if the plaintiff drags on the proceedings and to obtain an order in accordance with law. Aggrieved by the grant of such liberty alone, the present Civil Revision Petition has been filed. 3.The learned Trial Court has only granted liberty to defendants 1 to 3 to file a fresh petition, if the plaintiff is found to be dragging on the proceedings and to seek appropriate orders in accordance with law. Therefore, this Court finds no error or infirmity in the order passed by the learned Trial Court warranting interference by this Court. 4.In the result, this Civil Revision Petition is dismissed at the admission stage itself. No costs. Consequently, the connected Miscellaneous Petition is closed. 17.08.2026 Index : Yes / No NCC : Yes / No er To, The Principal District Munsif, Thirumangalam. 3/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2298 of 2026 R. POORNIMA, J. er C.R.P(MD)No.2298 of 2026 17.08.2026 4/4 https://www.mhc.tn.gov.in/judis