M. Parimala v. C.S.Pattabi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI C.R.P.No.3298 of 2025 and C.M.P.No.18234 of 2025 M.Parimala ... Petitioner Vs.

1.C.S.Pattabi C.S.Harikrishnan (Deceased) 2.C.S.Neelakrishnan 3.Siva Sankari 4.Vilashini 5.S.Jayakanthan 6.J.Vijayalakshmi 7.J.Harishwar, Minor Rep by his natural guardian and father S.Jayakanthan 8.Mala 9.Padmapriyadharshini ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to allow this Civil Revision Petition to set aside the docket order dated 21.07.2025 in I.A.No. 7/2024 in O.S.No. 22/2021 on the file of Principal District and Sessions Judge, Kancheepuram.

For Petitioner : Mr.S.Ravichandran

ORDER

The Civil Revision Petition has been filed to set aside the docket order dated 21.07.2025 in I.A.No. 7/2024 in O.S.No. 22/2021 on the file of Principal District and Sessions Judge, Kancheepuram.

2. Heard the learned counsel for the petitioner.

3. It is brought to my notice that pursuant to the directions issued by this Court in CRP.No.2870 of 2025 dated 11.07.2025, the Principal District Court, Kancheepuram was directed to dispose of I.A.No.7 of 2024 in O.S.No.22 of 2021 within a period of four weeks from the date of receipt of copy of that order, after affording opportunity of hearing to both the parties and thereafter, to dispose of the suit within a period of seven months. However, it is seen that without any application of mind, the learned Trial Judge has dismissed the application, without assigning any reasons. The application has been dismissed by way of a one line order and there appears to be no separate speaking order supporting the said dismissal of the application. I.A.No.7 of 2024 has been filed seeking amendment to the plaint. Though the counter has been filed by one of the defendants, the

learned Trial Judge has not even conducted any enquiry and heard the counsel for the parties. Absolutely, no reasons are also assigned for proceeding to dismiss I.A.No.7 of 2024. Merely because the directions are issued by this Court for speedy disposal of the matter pending before the Trial Court, it does not mean the Trial Court can violate the mandate of fairplay, equity and justice by passing such one line orders, without any application of mind. The docket order in I.A.N.7 of 2024 dated 21.07.2025 is set aside. The Principal District and Sessions Judge, Kancheepuram, shall hear the parties and pass final orders, on merits and in accordance with law, in the said I.ANo.7 of 2024, seeking amendment of the plaint within a period of two weeks from the date of receipt of copy of this order.

4. Accordingly, the Civil Revision Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. 29.07.2025 Index:Yes/No Speaking Order : Yes/No nr P.B.BALAJI, J.

nr To The Principal District and Sessions Judge, Kancheepuram.

C.R.P.No.3298 of 2025 and C.M.P.No.18234 of 2025 29.07.2025