Madras High Court
P.Ponnusamy vs Periammal (Died) on 2 August, 2023
C.R.P.No.1853 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.08.2023
CORAM
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN.
C.R.P.No.1853 of 2021
and
C.M.P.No.14442 of 2021
P.Ponnusamy ...Petitioner/6th Respondent/Defendant.
Vs.
Periammal (Died)
Motachi @ Kolandhaiammal (Died)
Rathinammal (Died)
Lakshmiammal (Died)
Kaveriammal (Died) ...Respondents/Petitioners/Plaintiff 1 to 5
1.Chinnapalli Gounder
2.Arumugam
3.Palani
4.Dhanabakiam
5.Raja ...Respondents/Petitioners/Plaintiffs (6 to 10)
[Impleaded as per order in I.A.No.943/2016 dated 01.12.2016 as Plaintiff
(6) to (10)]
Ellammal (Died)
Venkattammal (Died)
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C.R.P.No.1853 of 2021
Malliga (Died) ...Respondents/Defendants 1 to 3
6.Samundeeswari
7.Vasantha ...Respondents/Respondents/Defendants 4 & 5
[Impleaded as per order in I.A.No.1881 of 1994 dated 15.08.1994 as
Respondent 4 & 5]
8.Senthil
9.Rangammal
10.Minor Adikesavan
(16 years Rep.by Mother &
Natural Guardian Rangammal
(9th Respondent) ...Respondents/Respondents/Defendants 6 to 9
[Defendants (6) to (9) impleaded and amend as per order in I.A.No.694 of
2011]
11.Elangovan
12.Srinivasan
13.R.Sivakumar
14.Ramasamy
15.Mariappan Gounder
16.Chinnammal
17.Krishnamoorthy ...Respondents/Respondents/3rd parties 10 to 16
[3rd parties 10 to 16 impleaded as per order in I.A.No.109 of 2015, 257 of
2015, 565 of 2015, 813 of 2015 and 379 of 2015, order dated 01.12.2016]
Prayer:Civil Revision Petition filed under Article 227 of the Constitution
of India to direct the Hon'ble District Munsiff Court, Krishnagiri to
reconstruct the records/case bundle of O.S.No.850 of 1980 pending on the
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C.R.P.No.1853 of 2021
file with the available records within a time frame fixed by this Hon'ble
Court.
For Petitioner : Mr.T.N.Muralimoghan
For Respondents :
(RR3,4,5,6,11 : No Appearance
and 13 to 17)
(RR1,2,8,9,12 : Not Ready in Notice.
7 nd 8 to 10)
(R10) : Minor represented by R9.
ORDER
A suit for partition had been initiated before the Court in the year
1980. The suit proceeded for hearing and ended in a preliminary decree on
30.04.1986. Thereafter, the papers were lost and the plaint and the records
were not available in the court.
2. Therefore, when the final decree application was taken up for
hearing, only the IA's were available and the other papers were not found
in the court records. Consequently, the interlocutory applications have
been pending for decades on end. Pursuant to a direction passed by this
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C.R.P.No.1853 of 2021
court on 10.01.2022, the Principal District Judge has given a report stating
that the following documents were available;
(i).Judgment dated 30.04.1986 in O.S.No.850 of 1980.
(ii).Final Decree proceedings.
(iii).Appeal suit register extract.
(iv).Commissioner's report with plan.
(v).Written statement of D2 and
(vi). Copy of the preliminary decree.
3. The Learned Judge has expressed his difficulty in proceeding with
the matter since the copy of the plaint is not available. From the narration
above, it is clear that the copy of the preliminary decree is available. I have
gone through the certified copy of the preliminary decree sent by the
District Munsiff at Krishnagiri. The schedule of property has been clearly
given.
4. When the matter was listed before me, I had called for an
explanation from the learned District Munsif as to why the final decree
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C.R.P.No.1853 of 2021
applications are kept pending. This order was passed on 13.07.2023. The
learned District Munsif has expressed his inability to proceed with the
final decree proceedings without a copy of the plaint. The details that are
necessary are already available with the court in the form of the judgment
in the suit and copy of the preliminary decree and the appeal suit extracts.
5. This court directs the Learned District Munsif to take up the
applications passed for final decree in I.A.No.219 of 2017 and I.A.No.690
of 1986 and proceed further without waiting for the copy of the plaint.
6. It is the duty of the court to ensure that a party sees the end of the
litigation especially in a partition suit, where the suit is deemed to be
pending from the date of filing of the suit till the date of passing of the
final decree. During the course of the proceedings, if the plaint sufaces, the
learned District Munsiff may use it. Otherwise, he is requested to proceed
with available papers and pass a final decree order within a period of three
(3) months and report it for compliance.
7. With the above directions this civil revision petition is ordered.
No costs. Connected civil miscellaneous petition is closed.
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C.R.P.No.1853 of 2021
02.08.2023
nst
Index : Yes/No
Speaking Order : Yes/No
Neutral Citations : Yes/No
V. LAKSHMINARAYANAN.J,
nst
To:
The
Hon'ble Munsif Court, Krishnagiri,
Chennai.
C.R.P.No.1853 of 2021
and
C.M.P.No.14442 of 2021
https://www.mhc.tn.gov.in/judis
C.R.P.No.1853 of 2021
02.08.2023
https://www.mhc.tn.gov.in/judis
