Madras High Court
M/S.Jumma Periya Pallivasal Waqf vs P.Abdul Jabbar ... 1St on 7 January, 2022
Author: P.T.Asha
Bench: P.T.Asha
C.R.P.(MD) Nos.22 to 26 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P(MD)Nos.22 to 26 of 2022
M/s.Jumma Periya Pallivasal WAQF,
(G.S.No.236/Madurai)
Rep. by President,
Haji.A.Abdul Rahman,
S/o.Late A.K.M.Abubacker Ambalam,
Batlagundu Main Road,
Batlagundu, Nilakottai Taluk,
Dindigul - 624 202. ... Petitioner in all petitions
Vs.
1.P.Abdul Jabbar ... 1st Respondent in CRP(MD)No.22/2022
1.A.Zaheer Hussain ... 1st Respondent in CRP(MD)No.23/2022
1.A.Jalaludeen ... 1st Respondent in CRP(MD)No.24/2022
1.K.Abdul Muthaleef ... 1st Respondent in CRP(MD)No.25/2022
1.M.A.Beer Mohammed ... 1st Respondent in CRP(MD)No.26/2022
2.The Tamil Nadu WAQF Board,
Rep. by its Chief Executive Officer,
No.1, Jaffer Syrang Street,
Page 1 of 6
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) Nos.22 to 26 of 2022
Vallal Seethakathi Nagar,
Chennai - 600 001. ...2nd Respondent in all petitions
COMMON PRAYER:- Civil Revision Petitions filed under Article 227
of Constitution of India to direct the District Munsif Court, Nilakottai to
dispose of EP.Nos.21, 22, 23, 24 and 25 of 2021 in OA.Nos.116, 115,
108, 109 and 111 of 2018 respectively within the time that may be fixed
by this Court.
For Petitioner in all petitions : Mr.M.Mohamed Riyaz
COMMON ORDER
In all these Civil Revision Petitions, the only issue for consideration is the correctness of the order of the Executing Court in directing the petitioner to issue notice to the first respondent despite the fact that the Execution Petition is filed to execute a contesting decree, where, the execution proceedings has been filed within a period of four months from the date of the order of the WAQF Tribunal and within a month of the same being confirmed by this Court in consequent revision. Page 2 of 6 https://www.mhc.tn.gov.in/judis C.R.P.(MD) Nos.22 to 26 of 2022
2. Heard the learned counsels and perused the records.
3. The records would indicate that the WAQF Tribunal at Chennai had passed orders in OA.Nos.116, 115, 108, 109 and 111 of 2018 on 30.07.2021 directing the first respondents to vacate and deliver vacant possession of the petition property and to pay the rent till the date of handing over vacant possession. The order had granted the first respondents two months time to vacate the premises. The first respondents / tenants had filed revisions before this Court and by a contested order dated 29.10.2021, this Court was pleased to dismiss the Civil Revision Petitions confirming the fair and decreetal order of the WAQF Tribunal. The petitioner herein has got the decree transmitted from the WAQF Tribunal, Chennai to the District Munsif, Nilakottai, Dindigul. Thereafter, execution proceedings were filed in the month of December 2021. The learned District Munsif, Nilakottai, Dindigul has passed the following order on 08.12.2021.
Page 3 of 6 https://www.mhc.tn.gov.in/judis C.R.P.(MD) Nos.22 to 26 of 2022 "Bundle received from waqf tribunal as to EP is transmitted. Hence in the interest of justice, it is necessary to inform the parties about the numbering of EP. Hence issue notice to the petitioner for appearance. Issue Notice to respondents through Court and post on payment of Batta. Batta in a week. Call on 11.01.2020"
It is this order that is the subject matter of challenge. Order 21 Rule 22 of the Code of Civil Procedure provides that when application for execution is made after a period of 2 years from the date of decree, the Executing Court shall issue notice to the person against whom execution is applied for. The proviso would clearly prescribe that no notice is necessary in case an application for execution is made within 2 years from the date of last order against the party against whom the execution is applied for. Therefore, the learned District Munsif has erred in directing the notice overlooking the provisions of Order 21 Rule 22 and its proviso. Therefore, the orders in EP.Nos.21, 22, 23, 24 and 25 of 2021 in OA.Nos.116, 115, 108, 109 and 111 of 2018 respectively on the file of the District Munsif Court, Nilakottai are set aside and the Page 4 of 6 https://www.mhc.tn.gov.in/judis C.R.P.(MD) Nos.22 to 26 of 2022 Executing Court is directed to proceed with the execution process. Accordingly, the Civil Revision Petitions are allowed. No costs.
07.01.2022 Index:Yes/No Internet:Yes/No mbi To
1.The District Munsif Court, Nilakottai
2.The Chief Executive Officer, Tamil Nadu WAQF Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
Page 5 of 6 https://www.mhc.tn.gov.in/judis C.R.P.(MD) Nos.22 to 26 of 2022 P.T.ASHA, J.
mbi C.R.P(MD)Nos.22 to 26 of 2022 07.01.2022 Page 6 of 6 https://www.mhc.tn.gov.in/judis