Smt.A.Subbammal(Died) vs B.Vipularani
2023 Latest Caselaw 9216 Mad

                                                                                    C.R.P(MD)No.1794 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 28.07.2023

                                                             CORAM

                                  THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN
                                                THILAKAVADI

                                                   C.R.P(MD)No.1794 of 2023


                      Smt.A.Subbammal(Died)                            ...Petitioner/Petitioner/Plainitff

                      R.Balaji                                         ... 2nd Petitioner/10th Defendant

                                                                 Vs.

                      1.B.Vipularani
                      Gomathiammal(Died)
                      2.A.Subburam
                      3.A.Babu                                   ...Respondents1to3/Defendants3,5&6
                      4.S.Rohini Dvei
                      5.R.Rathi Devi
                      6.K.Subbulakshmi
                      7.K.Sargunam
                      8.Minor M.Mangalshree
                      9.Minor M.Yuvashree
                      10.R.Madhavan                              ...Respondents8to10/LRS of R.Anitha

                      Minor respondents 8 & 9 are
                      represented by their father and
                      guardian 10th defendant

                      (cause title is accepted vide Court
                      order Dated 10.07.2023 made in
                      C.M.P(MD)No.8178/2023)

                                  Civil Revision Petition is filed under Article 227 of the Constitution
                      of India, to direct the executing Court to pass final decree in I.A.No.390 of


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                                                                                         C.R.P(MD)No.1794 of 2023


                      2004 in O.S.No.57 of 1996 on the file of the Principal District Court,
                      Virudhunagar District, Srivilliputhur, within a time to be stipulated by this
                      Court.
                                        For Petitioner             :Mr.D.Nallathambi


                                                               ORDER

This civil revision petition is filed for a direction to pass final order in

I.A.No.390 of 2004 in O.S.No.57 of 1996 on the file of the Principal District

Court, Virudhunagar District, Srivilliputhur, within a time to be stipulated

by this Court.

2.According to the petitioner, the petitioner's grandmother filed a suit

in O.S.No.390 of 2009 before the Principal District Munsif Court,

Srivilliputtur, for partition and separate possession of her share. The said

suit was partly decreed, on 06.10.2003. Against which, she filed an appeal

in A.S.No.88 of 2004 and the respondents/defendants filed another appeal in

A.S.No.10 of 2004 before the Sub-Court, Srivilliputhur and both the appeals

were dismissed on 24.07.2009.

3.Aggrieved over the order passed in both the appeal suits, she

preferred second appeal in S.A.No.167 of 2012 and the

respondents/defendants filed S.A.No.681 of 2010, before this Court and this

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1794 of 2023

Court allowed the appeals. Against which, the respondents/defendants filed

Special Leave Petition before the Hon'ble Supreme Court in

SLP.Appeal(C)Nos.15267 and 15268 of 2022. The Hon'ble Supreme Court

dismissed the petition on 16.09.2022.

4.Thereafter, the petitioner has filed an application in I.A.No.390 of

2004 for passing final decree in the suit. The trial Court, by an order dated

30.06.2008, appointed an Advocate Commissioner in the final decree

application for filing report along with plan. Thereafter, the case was

periodically adjourned for filing Advocate Commissioner's report and plan.

During the pendency of the final decree proceedings, some of the

respondents/defendants died. Even after a lapse of three years, since the

Advocate Commissioner did not file the report and plan, the trial Court has

appointed a new Advocate Commissioner, on 05.03.2014. On 03.07.2019,

the present Advocate Commissioner inspected the suit properties and

thereafter, there is no progress in the above application. Hence, the

petitioner has approached this Court for speedy disposal.

5.The learned counsel appearing for the petitioner/plaintiff would

submit that as per the judgment of the Hon'ble Supreme Court in Civil

Appeal No(S).6406-6407 of 2020, in Kattukandi Edathil Krishnan &

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1794 of 2023

Anr.,-vs-Kattukandi Edathil Valsan & Ors., the Court below ought to have

issued suo motu passed the final decree. In spite of an application filed by

the petitioner/plaintiff, the final decree application is kept pending without

any valid reason.

6.Considering the facts and circumstances of the case, this Court

directs the Principal District Judge, Virudhunagar District, Srivilliputtur, to

dispose the I.A.No.390 of 2004 on merits merits and in accordance with law,

without giving unnecessary adjournments, after affording opportunity to the

respective parties to put-forth their contentions, as expeditiously as possible,

within a period of three months from the date of receipt of a copy of this

order.

7.With the above direction, this civil revision petition is disposed of.

No costs.

31.07.2023

NCC:Yes/No Index:Yes/No Internet:Yes/No Ns

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1794 of 2023

To

1.The Principal District Judge, Virudhunagar District, Srivilliputtur.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1794 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

Ns

C.R.P(MD)No.1794 of 2023

31.07.2023

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