LAWS(MAD)-2005-9-72

T A ABDUL SALAM Vs. K A KALITH

Decided On September 10, 2005
T A ABDUL SALAM Appellant
V/S
K A KALITH Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 27. 07. 1998 of the Principal District Munsif, Tirunelveli in I. A. No. 153 of 1998 in O. S. No. 201 of 1989, dismissing the Petition filed under Section 5 of the Limitation Act, declining to condone the delay of 569 days in filing the application to set aside the exparte Decree passed in O. S. No. 201 of 1989. The fourth Defendant is the Revision Petitioner.

(2.) THE Respondents / Plaintiffs have filed O. S. No. 201 of 1989 before the Principal District Munsif, Tirunelveli for themselves and as representatives of Members of Thoheed Movement for Permanent Injunction, restraining Defendants 1 to 4 from in any way preventing the Plaintiffs or members of Thoheed Movement to perform religious services according to Muslim religion and by reading "quran" and Sunna by fixing the Boards in tirunelveli and Melapalayam in the Mosques located at Asad Road, Melapalayam, quyeed-e-Milleth Street, Melapalayam and Kothuva Mosque. THE matter is said to have been entrusted to the Third Defendant Meeran Mohideen, authorising him to engage counsel to defend the Suit and to take appropriate proceedings to get along with the Suit.

(3.) AGGRIEVED over the order of dismissal of the application, the Revision Petitioner has preferred this Civil Revision petition. In the year 1998, this Revision Petition was not admitted. Notice of motion was ordered. Respondents / Plaintiffs have entered appearance through their counsel. Though the Revision Petition is pending (Notice of Motion stage itself), arguments of both the parties were heard and the Revision Petition is disposed of after fully hearing the parties.