ABDUL SAMAD Vs. RASHEEDHA

JUDGEMENT

(1.) This revision petition is directed against an Order passed by the executing court on a petition for effecting delivery of property pursuant to a final decree passed in a suit for partition.

(2.) Heard the learned counsel for the contesting parties.

(3.) In a suit for partition filed by the respondents against one Najumuneesa, the sole defendant, a preliminary decree was passed on 30-09-2009 directing to divide the properties into metes and bounds. Later, the respondents filed a final decree application and an order was passed thereon on 30-05-2014, allotting separate portions of the properties to the parties. Subsequently, the original defendant assigned her rights to the revision petitioner, who was impleaded as respondent in the execution petition. It is the contention of the revision petitioner that since the second respondent was a minor at the inception of the suit and continued to be so even at the time of passing a final decree, the first respondent (mother of the minor) could not have acted as legal guardian of the second respondent on the basis of the prescriptions under Mohamedan Law. For that sole reason, the execution petition is not maintainable in law. According to the revision petitioner, the first respondent is not competent to represent the minor second respondent under the personal law applicable to the parties. In the absence of any guardian appointed for the minor second respondent, the execution petition is liable to be dismissed.