Madras High Court

CRP/6107/2026 of Ananthakumar Vs R.Balachandran on 1 October 2026

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CRP No. 6107 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 6107 of 2026

CNR: {HCMA012022232026}

Ananthakumar

..Petitioner(s)

Vs

1. R.Balachandran

2. R.Ganesan

3. R.Ravichandran

4. R.Padma

5. Pankajam @ Bhuvaneswari

6. G.Prasanth

7. Varshini

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, seeking to pass an order/direction to dispose of IA No.3 of 2026 in IA

No.1 of 2019 in IA No.785 of 2010 in OS No.300 of 2010, pending on the file of the Honourable Additional Subordinate Judge, Namakkal, within a reasonable time frame as may be deemed fit and appropriate by this Honourable Court.

For Petitioner(s):

M/s. Kishore Balasubramanian

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ORDER

The Revision Petitioner has filed the present revision seeking for speedy disposal of I.A.No.3 of 2026 in I.A.No.1 of 2019 in I.A.No.785 of 2010 in a suit for partition in O.S.No.300 of 2010.

CRP No. 6107 of 2026

2. The suit was initially filed in respect of three items of properties and preliminary decree was passed in respect of all three items, declaring the 1/5th share of the revision petitioner, who was the plaintiff in the suit for partition. Subsequently, a final decree was passed in respect of items 2 and 3 on 19.02.2019, the said property being vacant lands. In respect of item 1, the petitioner filed I.A.No.1 of 2019, for appointment of an advocate commissioner in the event of the respondents not willing to purchase the said item. The said application was allowed and in fact an I.A.No.1 of 2023 was filed seeking to reopen the matter for appropriate directions. The said application was at the instance of the respondents. The petitioner, therefore, moved this Court in C.R.P.No.4604 of 2024 seeking expeditious disposal of the said application. Subsequently, the trial court by order dated 14.03.2025 allowed I.A.No.2 of 2025 filed to break open and enter into item No.1 of the schedule property and directed the advocate commissioner to take steps to bring item 1 of the property for sale. In the meantime, I.A.No.1 of 2019, which was originally filed by the petitioner, came to be dismissed for default and in order to restore the said application to file, the petitioner filed I.A.No.3 of 2026, which is a condone delay application under Section 5 seeking condonation of 58 days in representing the said application to recall the order of dismissal of default in I.A.No.1 of 2019.

CRP No. 6107 of 2026

3. The grievance of the petitioner is that the said I.A.No.3 of 2026 is not taken up and despite respondents not filing any counter till date.

4. This Court had already directed the very same application I.A.No.1 of 2019 to be decided on or before 24.04.2025. Unfortunately, we are in the fag end of 2026 and still final orders have not been passed and despite the preliminary decree being passed way back in the year 2010, the petitioner is yet to see the colour of the coin.

5. In light of the above, considering the limited relief sought for, I am inclined to dispense with notice to the respondents, since this order directing expeditious disposal is not in any manner going to prejudice the interest of the respondents.

6. The trial court shall take up I.A.No.3 of 2026, which is the condone delay application seeking condonation of 58 days in representation of the application to restore I.A.No.1 of 2019 to file and shall decide the application whether or not the respondents file a counter within a period of two (2) weeks from the date of receipt of a copy of the order. In the event of the court considering the I.A.No.3 of 2026 favourably, then in view of the earlier direction passed by this court directing I.A.No.1 of 2019 to be decided on or before 25.04.2025, I.A.No.1 of 2019 shall be decided on or before 30.11.2026.

CRP No. 6107 of 2026

P.B.BALAJI, J. KAS

7. In the result, the Civil Revision Petition stands disposed of. No costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAS CRP No. 6107 of 2026

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