R.Subramaniam v. K.Bhuvaneshwari
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 14165 OF 2026
1. R.Subramaniam S/o.Rangasamy Naicker, No.13 Sakthi Illam. Mariyamman Koil Street, Ram Nagar, Coimbatore 641 009.
Petitioner(s) Vs
1. K.Bhuvaneshwari W/o.Krishnamoorthy, No.20/156 Nethaji Street 6th Lane, Udayampalayam, Sowripalayam (Post), Coimbatore 641 028.
2.A.Krishnaveni W/o.Arjunan, No.73/45 Jothi Nagar, Uthuthukadu Road, Pollachi 642001.
3.G.Dhanalakshmi W/o.R.Govindaraj, No.1/247-A Om Sakthi Nagar, LFGH School Back Side, Mangalam Road, Tiruppur.
4.A.Umadevi W/o.Ashokan, No.188 R.K.Garden, Nanjanapuram, Kathirampatti, Erode 638 112.
5.N.Sivagurunathan S/o.Nataraj, No.8/252, Kambar Street, Vijayanagaram, Medavakkam, Chennai 600 100.
6.N.Murugesan
S/o.Nataraj, No.3 Kannan Avenue, Kalki Street Extn., New Perunkalathur, Chennai 600 065. Vijayakumar (deceased).
7.V.Malathi W/o.Late N.Vijayakumar, No.51, 2nd Cross Street, NGO Colony, Chrompet, Chennai 600 044.
8.V.Karthikeyan S/o.Late N.Vijayakumar, No.51, 2nd Cross Street, NGO Colony, Chrompet, Chennai 600 044.
9.V.Balaji S/o.Late N.Vijayakumar, No.51, 2nd Cross Street, NGO Colony, Chrompet, Chennai 600 044.
10.V.Vivek S/o.Late N.Vijayakumar, No.51, 2nd Cross Street, NGO Colony, Chrompet, Chennai 600 044.
11.V.Bhuvana S/o.Late N.Vijayakumar, No.51, 2nd Cross Street, NGO Colony, Chrompet, Chennai 600 044.
Respondent(s) PRAYER To set aside the order dated 01-04-2026 in IA.No.2 of 2025 in OS.No.518 of 2015, on the file of the IV Additional District Judge, Coimbatore. For Petitioner(s):
MR.P.Pandiyaraj For Respondent(s):
ORDER
This Civil Revision Petition has been filed seeking to set aside the order dated 01-04-2026 in IA.No.2 of 2025 in OS. No.518 of 2015, on the file of the IV Additional District Judge, Coimbatore.
2. The learned counsel for the petitioner/4th defendant submits that the respondents 1 to 4/plaintiffs have filed the suit for partition and the same was contested by the petitioner by filing a written statement. While so, due to a lack of communication with his counsel, the petitioner was not able to appear before the Trial Court. Hence, the petitioner was set ex-parte. Immediately, the petitioner filed an application to set aside the ex-parte decree with a delay of 14 days, which is pending. In the meanwhile, the respondents 1 to 4 filed I.A. No. 2 of 2025 in O.S. No. 518 of 2015, on the file of the IV Additional District Judge, Coimbatore, seeking to appoint an Advocate Commissioner and directing them to divide the petition-mentioned properties into 7 equal shares and allot 4 shares to the respondents 1 to 4 herein, and the same was ordered by the Trial Court without considering the applications filed by the petitioner. Hence, he prays to set aside the order dated 01-04-2026 in I.A. No. 2 of 2025 in O.S. No. 518 of 2015, on the file of the IV Additional District Judge, Coimbatore.
3. Considering the fact that the petitioner has filed I.A. Nos. 4 & 5 of 2025 in O.S. No. 518 of 2015 on the file of the IV Additional District Judge, Coimbatore, seeking to condone the delay of 14 days in filing the petition to set aside the ex-parte decree, which are pending. In such circumstances, if the order passed by the Trial Court in I.A. No. 2 of 2025 in O.S. No. 518 of 2015 continues, it would lead to a multiplicity of proceedings. Hence, the Trial Court is directed to dispose of I.A. Nos. 4 & 5 of 2025 in O.S. No. 518 of 2015 within a period of 6 weeks from the date of receipt of a copy of this Order. Till then, the Order passed in I.A. No. 2 of 2025 in O.S. No. 518 of 2015 is ordered to be stayed. Accordingly, this Civil Revision Petition is allowed. No Costs. Pending petition, if any, is closed.
12-06-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The IV Additional District Judge, Coimbatore.
2. The Section Officer, V. R Section, High Court, Madras.
T.V.THAMILSELVI J.
pbl AND CMP NO. 14165 OF 2026 12-06-2026