Madras High Court

CRP/2751/2023 of JAHANGIR BASHA Vs Abdul Vahab on 16 October 2026

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CRP.No.2751 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP.No.2751 of 2023

CNR:{HCMA011313502023}

Jahangir Basha

..Petitioner(s)

Vs

1. Abdul Vahab

S/o.Haji Uduman Gani, No.23, Balakrishna Nagar, Mannarkudi Town, Taluk and Munsifi Thiruvarur District, Now residing at Bedok North Street, Block No.02

Singapore-460126

2. Mohamed Akbar

S/o.Haji Uduman Gani, No.23, Balakrishna Nagar, Mannarkudi Town, Taluk and Munsifi Thiruvarur District Both are presented by their power agent Abdul Kadar S/o.Sheik Dawood, Mannarkudi Town, Taluk and Munsifi Thiruvarur District

3. Nabeesa Beevi

4. Mariam Beevi

D/o.Uduman Gani, Tampiens Street, 41# 02-471, Block No.428, Singapore-520428

Rep. by her power agent,

Ansari S/o.A.K.Kamaludeen, No.23, Balakrishna Nagar, Mannarkudi Town, Taluk and Munsifi Thiruvarur District

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CRP.No.2751 of 2023

5. Amina Beevi

6. Hamirun Beevi

7. Fathima Beevi

8. Shelfia Beevi

9. Noorjahan

..Respondent(s)

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Docket order dated 22.11.2021 made in Un No.IA in SR.No.7660 of 2021 in A.S.No.1 of 2019 on the file of the learned Principal District Judge, Thiruvarur and consequently, direct the learned Principal District Judge, Thiruvarur to number the Interlocutory Application filed by the petitioner in Un No.IA in SR.No.7660 of 2021 in AS No.1 of 2019.

For Petitioner

: Mr.T.Ananthasekar

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ORDER

The Civil Revision Petition is filed challenging the order of return passed by the First Appellate Court dated 22.11.2021.

2. The petitioner herein who was arrayed as 8th defendant in the suit suffered a preliminary decree for partition. Challenging the same, he filed an

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CRP.No.2751 of 2023

appeal in A.S.No.1 of 2019 on the file of the Principal District Court, Thiruvarur and the said appeal was not pressed as settled out of Court. After sometime, the petitioner filed the instant application seeking to restore the same mainly on the ground that there was no compromise entered between the parties. The said application was returned as not maintainable. Aggrieved by the same, the petitioner has come before this Court.

3. It is seen from the averment found in the affidavit filed by the petitioner seeking restoration of the appeal, the petitioner voluntarily not pressed the appeal as settled out of Court. Therefore, effectively the petitioner abandoned the claim by not pressing the appeal. Now, the instant application has been filed seeking to restore the appeal mainly on the ground that there was no settlement.

4. Having not pressed the appeal on the ground that the matter was settled out of Court, it is not open to the petitioner to retract and say the settlement has not been reached. The First Appellate Court rightly returned the petition filed by the petitioner as not maintainable as Order 41 Rule 19 of Civil Procedure Code will not cover the cases like this and the scope of Order 41 Rule 19 of the Civil Procedure Code is altogether for different situation. Order

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CRP.No.2751 of 2023

41 Rule 19 of the Civil Procedure Code will get attracted only in cases where appeal was dismissed for default under Rule 11(3) or Rule 17 of Order 41 of the Civil Procedure Code. Therefore, I do not find any error in the order of return.

5. Accordingly, the Civil Revision Petition stands dismissed. No costs. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm

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CRP.No.2751 of 2023

To The Principal District Court, Thiruvarur.

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CRP.No.2751 of 2023

S.SOUNTHAR J. dm CRP.No.2751 of 2023 16-10-2026

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