Madras High Court
Parameshwari vs N.Sadasivam on 20 September, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P.(MD)Nos.2251 & 2252 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)Nos.2251 & 2252 of 2024
and
C.M.P.(MD)No.12745 of 2024
1.Parameshwari
2.Resika
3.Janani ... Petitioner / Petitioner / Respondents 4 to 6
in both C.R.Ps.
Vs.
1.N.Sadasivam
2.S.Abinaya
3.Rajarajeshwari
K.K.Selvam (died)
4.Ajitha Vinothkumari ... Respondents /Respondents / Petitioners
in both C.R.Ps
5.K.Narayanasamy ... Respondents /Respondents / Petitioners
in C.R.P.(MD)No.2251 of 2024
Prayer in C.R.P.(MD)No.2251 of 2024: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to call for the records in I.A.No.3 of
2024 in I.A.No.32 of 2017 in O.S.No.251 of 2010 dated 25.06.2024 on the file
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C.R.P.(MD)Nos.2251 & 2252 of 2024
of the Additional Subordinate Judge, Thanjavur, set aside the same and allow
the revision petition.
Prayer in C.R.P.(MD)No.2252 of 2024: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to direct the trial Court namely
Additional Subordinate Court, Thanjavur to take IA for re-issue of warrant on
file after setting aside the order of return dated 13.08.2024.
For Petitioners : Mr.P.Vadivel
COMMON ORDER
The legal heirs of the deceased first defendant in O.S.No.251 of 2010 on
the file of the Additional Sub Court, Thanjavur are the revision petitioners
herein.
2. The suit is for partition. Preliminary decree was passed. The second
appeal filed by the first defendant has also been disposed of. In the meanwhile,
final decree petition was filed and an advocate commissioner was appointed.
To set aside the said report, I.A.No.3 of 2024 was filed. The court below vide
order dated 25.06.2024 dismissed IA. Challenging the same, this civil revision
petition came to be filed.
3. The learned counsel appearing for the revision petitioner reiterated all
the contentions set out in the memorandum of grounds of revision.
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C.R.P.(MD)Nos.2251 & 2252 of 2024
4. I am not swayed by the same. The court below has pointed out that the
advocate commissioner's report was submitted way back in the year 2017. The
present IA was filed only in the year 2024. It is true that the first defendant had
passed away and the legal heirs are prosecuting the matter. The court below has
also noted that in the affidavit filed in support of I.A.No.3 of 2024, the
petitioners have not pointed out any glaring error in the advocate
commissioner's report which would warrant it being set aside. The court below
has also made a comment that the object of the revision petitioners appears to
prevent the person who had obtained preliminary decree from enjoying the
fruits of the same. It is also stated that the case is posted for judgment next
Monday.
5. Looked at from any angle, I do not find any ground to interfere. The
civil revision petitions are dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
20.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
rmi
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.2251 & 2252 of 2024
G.R.SWAMINATHAN, J.
rmi
To:
The Additional Subordinate Judge, Thanjavur.
C.R.P.(MD)Nos.2251 & 2252 of 2024
20.09.2024
https://www.mhc.tn.gov.in/judis
