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Madras High CourtCRP(MD)/2336/2025disposed of

Charlet Baby v. Fancy Bai

2025-08-25Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI 1.Charlet Baby 2.Roselet Baby

...Petitioners

Vs.

1.Fancy Bai 2.Sundar Raj 3.Durai Rai 4.Johnson 5.Selin Mary 6.Baby 7.Jeslet Chellam 8.Rega Bai 9.Nirmal 10.Nisha 11.C.R.Nijil

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the trial Curt to number I.A.CF.No.1731 of 2025 in O.S.No.28 of 2013 on the file of the Additional District and Sessions Court, Padmanabhapuram, within the time frame fixed by this Court. 1/4

For Petitioners : Mr.A.Chandra Sekaran

ORDER

This petition has been filed seeking a direction to the trial Court to number I.A.CF.No.1731 of 2025 in O.S.No.28 of 2013 on the file of the Additional District and Sessions Court, Padmanabhapuram, within the time frame fixed by this Court.

2. The petitioners herein are defendant Nos.8 and 9 in O.S.No.28 of 2013 on the file of the Additional District and Sessions Court, Padmanabhapuram. The said suit was filed by the respondent herein seeking partition and separate possession. In the said suit, the petitioners are entitled to 5/45 shares. The suit, however, came to be dismissed for default on 28.04.2025. Thereafter, the petitioners herein filed I.A.C.F.R. No.1731 of 2025 seeking restoration of the suit and also for their transposition as plaintiffs in the said suit.

3. The learned counsel appearing for the petitioners would submit that the above said petition was neither returned nor numbered by the trial Court. Hence, he prays before this Court for a direction to the trial Court to number the said petition.

4. Considering the limited request of the petitioners, the trial Court is directed to number the I.A.C.F.R. No.1731 of 2025, if it is otherwise in order, 2/4

and dispose of the same as expeditiously as possible.

5. Accordingly, the Civil Revision Petition stands disposed of. No costs. 25.08.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Additional District and Sessions Court, Padmanabhapuram. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 25.08.2025 4/4