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Madras High CourtCRP/888/2026disposed of

S.Theivasigamani v. P.Kumarasamy

2026-02-23Honourable Mr.Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Theivasigamani ... Petitioner Vs.

1. P.Kumarasamy

2. Jayamani

3. Lakshmiammal

4. Dharmalingam

5. Sathishkumar

6. Rathinam

7. Kolandasamy

8. K.Palanisamy

9. K.Kannusamy

10. Ponnusamy Gounder

11. Subramani

12. Maheswari

13. Sivagamai 1/5

Ramayammal (died)

14. Valliammal

15. S.Ragunathan ... Respondents Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India, to dispose the I.A.No.834 of 2017 in O.S.No.262 of 2006 on the file the I Additional Sub Judge, Erode within a time may be fixed by this Court.

For Petitioner : Mr.P.Kannan Kumar

O R D E R

Heard the learned counsel appearing for the petitioner and perused the materials available on record.

2. The learned counsel for the petitioner submitted that the revision petitioner is one of the legal heirs of the fifth Respondent in O.S.No. 262 of 2006. The said suit was filed for partition and separate possession and, upon culmination of the preliminary decree proceedings, a Final Decree Petition came to be filed in I.A. No. 834 of 2017. The Petitioner's 1/6th share has been declared and he is aggrieved by the repeated adjournments granted in the Final Decree Petition.

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3.The learned counsel drew the attention of this Court to the series of adjournments granted from November 2020 till 03.11.2025. It is seen that the Final Decree Petition has been repeatedly adjourned, inter alia, for taking steps to amend the application and to bring necessary parties on record. The suit itself was instituted in the year 2006 and decreed in November 2012, and the Final Decree Petition has been pending for more than eight years.

4.In the light of the above, this Court is inclined to entertain the present Revision. Considering the limited relief sought for, notice to the respondents is dispensed with. The learned I Additional Sub Court, Erode, is directed to take immediate and effective steps to complete the enquiry in I.A. No. 834 of 2017, bring all necessary parties on record, and dispose of the same on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. 3/5

5. With the above direction, this Civil Revision Petition stands disposed of. No costs.

23.02.2026 Index : Yes/No : Yes/No Speaking/Non-Speaking Order kv To The I Additional Sub Court, Erode.

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P.B.BALAJI, J.

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