N.Ravi vs N.Muralisankar
2022 Latest Caselaw 16830 Mad

                                                                                   C.R.P.No.3379 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 26.10.2022

                                                       CORAM:

                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

                                                C.R.P.No.3379 of 2022



            1. N.Ravi
            2. N.Sasikumar                                              ... Petitioners
                                                         Vs.

            1. N.Muralisankar
            2. Balamani
            3. N.Suresh Kumar                                           ...Respondents


            PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India,

            pleased to direct the Additional District Judge, Kancheepuram District at

            Chengalpattu by disposing the I.A.No.3 of 2019 in O.S.No.50 of 2015 and pass

            judgment and decree with respect of item 1 and 2 of the suit properties within the

            time prescribed by this Hon'ble Court.



                                     For Petitioners   : Mr.M.Muthappan

                                     For Respondents : No Appearance




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                                                                                  C.R.P.No.3379 of 2022




                                               ORDER

This Civil Revision Petition is filed challenging the order passed by the

Court below in I.A.No.3 of 2016. The petitioners herein who were arrayed as

defendants 2 and 3 in the suit filed I.A.N.3 of 2019 seeking a direction to divide

item 1 and 2 of suit properties as prayed for by the plaintiffs. The Court below by

impugned order directed that the order in I.A., will be pronounced along with main

suit. Aggrieved by the said order revision petitioner is before this court by way of

revision.

2. The learned counsel for the petitioners submitted that the revision

petitioners submitted to the decree in respect of the item 1 and 2 of the suit

properties and therefore, the Court below ought to have pronounced the order in

I.A.No.3 of 2016 by passing a preliminary decree in respect of item 1 and 2 of the

suit properties. The perusal of the typed set of papers would suggest that the plaint

contains as many as 7 items and the 1st respondent/plaintiff seeks partition of his

1/5th share in respect all the items. If preliminary decree is passed only in respect of

item 1 and 2, then at the time of final decree proceedings, there will be some

difficulty in adjustments of shares in respect of other items. Therefore, it is always

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C.R.P.No.3379 of 2022

desirable to pass a comprehensive preliminary decree in respect of all the items

after full fledged trial. Thereafter I do not find any infirmity in the order passed by

the Court below. Hence, the Civil Revision Petition stands dismissed. Having

regard to the fact that the suit for partition filed by the first respondent is of the

year 2015, this Court is inclined to issue a direction to the Court below to dispose

of the suit within a period of nine months from the date of receipt of copy of this

order. No costs.

26.10.2022

Index: Yes/ No Speaking Order / Non-Speaking Order jai

To

The Additional District Judge, Chengalpattu, Kancheepuram District.

________ https://www.mhc.tn.gov.in/judis

C.R.P.No.3379 of 2022

S.SOUNTHAR, J.

Jai

C.R.P.No.3379 of 2022

26.10.2022

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