Madras High Court

CRP/6080/2026 of Nasirudheen (died) 1)Mumtaj Begum Vs Kathija Natchial on 26 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 6080 of 2026 and

CMP No.26296 of 2026

CNR: {HCMA012247752026}

Nasirudheen (died)

1. Mumtaj Begum

w/o Shahul Hameed,

No.28E, PK Salai, Karaikal.

2. Hameed Maraicar

s/o Nasirudheen,

No.32A, Mappillai Street, Nagore.

3. Jameela Begam

w/o Abdulla Sha,

No.87, Kaja Thoppur, Tennur, Trichy 17.

4. Ameer Mohamed, S/o Nasirudheen,

No.159E, Anna Nagar, Chinnasamy Nagar,

Tennur, Trichy 17.

..Petitioner(s)

Vs

1. Kathija Natchial

rep by her legal heir Sahul Hameed

s/o Abubackar,

No.1, Moulasa Maraicar, Karaikal Town.

Haji M.K.Sheik Dawood Maraicar (died)

Shahul Hameed Natchial(died)

2. Asma Natchial

D/o Hameed Maraicar,

No.343, Gandhi Road, TR Pattinam commune

L.H.Idayathulla (died) without issues

3. L.H.Haja Moinudheen

s/o Hameed Maraicar,

No.5/14, Kosa Maraicar Street,

Nagore

L.H.Musthafa Maraicar (died)

rep by his LRs, namely respondents 11 to 14.

4. Arif Maraicar(Receiver)

s/o Thaha Maraicar,

Mela Palli Street, T.R.Pattinam commune

5. Iynuma, D/o Abdul Lathif,

w/o Y.Nijamudeen,

No.04, Rahaman Sha Street,

Poriyar.

6. Mohamed Salih, S/o Abdul Lathif,

No.67, Nadar Kaliamman Kovil Street,

Poriyar.

7. Hasanbasheer, S/o Abdul Lathif,

No.12, Nadar Kaliamman Kovil Street,

Poriyar.

8. Tamimul Ansari, S/o Abdul Lathif,

No.67, Nadar Kaliamman Kovil Street,

Poriyar

9. Goudunisha, d/o Abdul Lathif,

w/o Mohamed Fajarullah,

No.04, Jasmine Colony, Rajathi Nagar,

Karaikal

10.Hajaammal, d/o Abdul Lathif,

w/o Abdul Azees,

No.05, Jasmine Colony, Rajathi Nagar,

Karaikal

11.Saharvan Natchiyal, w/o H.Mustafa Maraicar, No.11/1, Kalima Nagar, Hakkaz Dharga Street, Porto-Novo

12.Hameed Sulthan Maraicar,

s/o H.Mustafa Maraicar

Fathima Halwa Kadai,

Kalima Nagar, Hakkaz Dharga Street,

Porto Novo

13.Haja Nijimudeen

s/o H.Mustafa Maraicar,

No.28, Duplex Street, Karaikal

14.Fakrudeen

s/o H.Mustafa Maraicar,

No.11/1, Kalima Nagar, Hakkaz Dharga Street, Porto-Novo.

..Respondent(s)

Prayer: Civil Revision Petition is filed under Section 115 of CPC to set aside the fair and decreetal order dated 04.07.2026 passed in EA No.21 of 2026 in EA

No.09 of 2023 in EP No.08 of 2018 by the learned District Judge, Karaikal and allow the above CRP.

For Petitioner(s):

Mr.V.Logaswarna

for Mr. L.Ramanathan

For Respondent(s):

Mr. R.Sunilkumar for R1

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ORDER

This Civil Revision Petition has been filed challenging the order passed by the Executing Court, dismissing the application filed by the petitioners/ judgment debtors seeking to summon a witness to establish that the marriage of the original plaintiff/1st respondent herein was not solemnised in accordance with the Muslim Customs and also the Will dated 11.04.1953 was invalid.

2. It is seen from the typed set of papers that the first respondent/plaintiff filed a suit and obtained a decree for allotment of 20 Mahs, equivalent to one Veli in S.Nos.52/2 and 166/4 in Polagam Village and S.No.111/4 in Akkaravattam Village. Based on the said decree, the first respondent /plaintiff filed an execution petition in E.P.No.8 of 2018 against the legal heirs of one Nazirudeen, who was arrayed as 2nd defendant in the suit. The petitioners, who are the legal heirs of the said Nazirudeen filed the instant Execution Application seeking to summon a witness, namely Mohamed Ansari Firdousi to establish the invalidity of the Will and also the marriage of the first defendant with one Mohammed Abubackar. The said application was dismissed by the Executing Court and aggrieved by the same, the petitioners have filed the present civil revision petition.

3. The learned counsel for the petitioners vehemently contended that the decree was passed for allotment of above mentioned land in faovur of the first respondent only based on the Will dated 11.04.1953. It is the specific case of the petitioners that the Will relied on by the first respondent was invalid and the marriage of the first respondent with Mohammed Abubackar was also not solemnised in accordance with the Muslim Law and therefore, in order to substantiate the above facts, the petitioners wanted to summon the witness.

4. It is settled law that the Executing Court cannot go behind the decree. In an application filed under Section 47 of CPC, the Executing Court can consider only the issues relating to the execution of the decree. The validity of the decree and the findings of the Trial Court, which form part of the Judgement, cannot be challenged in an application filed under Section 47 of CPC. By challenging the validity of the Will and the marriage of the first respondent, the petitioners wanted to attack the very judgment and decree passed in the suit and the same is impermissible. Further, the petitioners have not entered the box as a witness. Without leading any evidence, the petitioners are not entitled to summon a third party witness in the execution proceedings. The Executing Court has rightly appreciated the scope of Section 47 of CPC and dismissed the application filed by the petitioners as devoid of merits. I do not find any error in the impugned order passed by the Executing Court.

5. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. Considering the fact that the execution petition is of the year 2018, the Executing Court is directed to dispose of the main E.P.No.8 of 2018, as expeditiously as possible, as per the time line indicated by the Hon’ble Supreme Court in Periyammal Vs Rajamani reported in (2025 INSC 329). 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST

S.SOUNTHAR, J. MST To The District Judge, Karaikkal. CRP No. 6080 of 2026 26-10-2026

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