M.Ramasamy v. Rajagopal
THE HIGH COURT OF JUDICATURE AT MADRAS Date : 17.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRP [NPD] No.2955 of 2025
1. M.Ramasamy
2. R.Balakrishnan . . . Petitioners
Versus
1. Rajagopal
2. R.Madhappan
3. C.Ramasamy . . . Respondents PRAYER : Petition filed under Article 227 of Constitution of India to direct the District Munsif, Krishnagiri to dispose of the application in I.A.No.1 of 2023 in O.S.No.314 of 1995 within a time to be stipulated by this Court. For petitioners : Mr.B.Bharathkumar for Mr.V.Nicholas
O R D E R
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This Civil Revision Petition has been filed to direct the District Munsif, Krishnagiri to dispose of the application in I.A.No.1 of 2023 in O.S.No.314 of 1995 within the time stipulated by this Court.
2. The case of the petitioner is that the first respondent has filed a suit for partition against the petitioners and the respondents 2 and 3 in O.S.No.314 of 1995. The father of the first petitioner filed a suit for declaration and permanent injunction in O.S.No.235 of 1996. Both the suits were tried together and both the suits have been dismissed and no appeal has been filed against the suit in O.S.No.235 of 1996. The first respondent herein filed an appeal in A.S.No.84 of 2006 against the judgment and decree passed in O.S.No.314 of 1995 and that appeal by the judgment and decree dated 23.11.2009 has been allowed granting a decree for partition of 1/3 share to the first respondent and and 1/3 share to the petitioners and the second and third respondents. Against the said decree and judgement, the second respondent filed Second Appeal in S.A.No.359 f 2010 and the said second appeal has been modified to the extent that the first respondent is entitled to 1/9th share in the Page 2 / 5
suit property and a preliminary decree has been passed to that effect. Pursuant to the judgment in the second appeal, an application has been filed in I.A.No.1 of 2023 for passing of final decree for allotment of shares as per the preliminary decree. Though the second appeal has been disposed of on 29.03.2021, the application filed for final decree has not been disposed of till date. Hence, this petition.
3. Considering the limited relief sought for in this petition, without going into the merits of the case, the learned District Munsif, Krishnagiri is directed to dispose of the I.A.No.1 of 2023 in O.S.No.314 of 1995 within a period of three months from the date of receipt of a copy of this Order.
4. With the above direction, this Civil Revision Petition is disposed of. No costs.
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Internet: Yes Speaking/non speaking order vrc To, The District Munsif, Krishnagiri.
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N. SATHISH KUMAR, J.
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