Ranganayagi v. Kalviraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

1. Ranganayagi W/o Samikannu, Vadanerkunam Village,

2. Janaki W/o Krishnan, No.6/21, 12th Street, M.G.R.Nagar, Velacheri, Chennai District

3. Mariyammal W/o Rathinavelu, Uppuvellore Village and post, Vanur Taluk, Villupuram District

4. S.Unnamalai W/o Subramani, No.97/2, Perumal Koil Street, Kottur, Adayar, ..Petitioner(s) Vs

1. Kalviraman S/o Ezhumalai Gounder, Vadanerkunam Village,

2. Ellammal W/o Kadhiravan,

No.186 Kamban Street, Brammadesam Village and Post,

3. Visalatchi W/o Narayanan, No.1/235, Ponniyamman Koil Street, Madipakkam,

4. Uma W/o Babu No.17/1, 1st Street, Rajasekaran Nagar, Chennai 600081

5. Rama W/o Ezhumalai, West Street, Olakkur Village and Post, ..Respondent(s) To direct the Learned Additional Subordinate Judge, Tindivanam, to dispose of the Petition in IA.No.1067 of 2025 in OS.No.70 of 2013 within a time frame as stipulated by this Honble Court. For Petitioner(s):

Mr.P.A.Sai Govindaraja For Respondent(s):

ORDER

This Civil Revision Petition has been filed to direct the learned Additional Subordinate Judge, Tindivanam, to dispose of the Petition in I.A.No.1067 of 2025 in O.S.No.70 of 2013 within a time frame as stipulated by this Hon'ble Court.

2.The learned counsel for the petitioners would submit that the petitioners have filed the suit in O.S. No.70 of 2013 on the file of the Additional Subordinate Judge, Tindivanam, seeking for the relief of partition of suit schedule property into 4/10 shares. However, the Trial Court has passed a Preliminary Decree dated 31.01.2025 allotting 4/5th shares of the suit schedule properties to the petitioners.

3. It has been further submitted that even though preliminary decree was passed on 31.01.2025, final decree is yet to be passed for division of properties into metes and bounds as per the aforesaid Preliminary Decree. By fixing the time period after directing to appoint an Advocate Commissioner to divide the suit schedule properties as per the preliminary decree dated 31.01.2025 passed by the Court below since the IA. No.1067 of 2025 is still pending before the Trial Court which is filed to appoint Advocate Commissioner to divide the suit schedule properties into 5 equal shares and allot 4 shares to the petitioners with assistant of Taluk Surveyor.

4. Having considered the facts and circumstances of the case and submissions made by the learned counsel for the petitioners, the Trial Court is hereby directed to appoint an Advocate Commissioner to divide the suit schedule properties as per the Preliminary Decree dated 31.01.2025 who has already been appointed in the earlier proceedings for easy access and the Advocate Commissioner is hereby directed to file the report after visiting the suit schedule properties and divide the shares of the parties as per the Preliminary Decree dated 31.01.2025 to the parties concerned, within a period of 8 weeks from the date warrant of appointment passed by the Trial Court and on receipt of the Commissioner's report, the Trial Court shall pass final decree within a period of four months of receipt of Commissioner's report as most of the parties are all senior citizens.

5. With the aforesaid directions, the Civil Revision Petition stands disposed of No Costs. Consequently, connected miscellaneous petition is closed.

21-04-2026 Index: Yes/No Speaking/Non-speaking order Lbm

To:

1. Kalviraman S/o Ezhumalai Gounder, Vadanerkunam Village,

2. Ellammal W/o Kadhiravan, No.186 Kamban Street, Brammadesam Village and Post,

3. Visalatchi W/o Narayanan, No.1/235, Ponniyamman Koil Street, Madipakkam,

4. Uma W/o Babu No.17/1, 1st Street, Rajasekaran Nagar, Chennai 600081

5. Rama W/o Ezhumalai, West Street, Olakkur Village and Post,

T.V.THAMILSELVI J.

Lbm 21-04-2026