CRP(MD)/2293/2023 of K.Padmanabha Pillay Vs C.K.Jaya Parvathy on 30 September 2026

O R D E R

This Civil Revision Petition has been filed challenging the order dated 12/04/2023 passed by the learned II Additional Subordinate Judge, Nagercoil, in I.A.No.349 of 2015 in O.S.No.167 of 2012.

2. The first respondent herein, as plaintiff, filed the suit in O.S.No. 167 of 2012 on the file of the learned Principal Subordinate Judge, Nagercoil, seeking partition and separate possession of her 1/4th share in the suit schedule properties by metes and bounds. The said suit was decreed by judgment and decree dated 16/12/2014. Aggrieved by the same, an appeal in A.S.No.43 of 2016 was filed before the learned District and Sessions Judge, Kanyakumari at Nagercoil. In the meantime, the first respondent/plaintiff filed a petition seeking appointment of an Advocate Commissioner to effect partition of the suit properties in terms of the preliminary decree passed by the trial Court. According to the first respondent/plaintiff, a petition in I.A.No.318 of 2015 for passing a final decree is also pending. In the said proceedings, the trial Court appointed an Advocate Commissioner, observing that no prejudice would be caused to the other side by such appointment. Challenging the said order, the present Civil Revision Petition has been filed.

3. Heard the learned counsel appearing for the parties and perused the materials available on record.

4. Today, the learned counsel appearing for the first respondent/plaintiff fairly submitted that the appeal in A.S No.43 of 2016 is still pending and that the first respondent/plaintiff is only seeking a direction to the appellate Court to dispose of the appeal within a time frame, since the appeal is of the year 2016. He further submitted that till the disposal of the appeal, the first respondent/plaintiff would not press for the Advocate Commissioner to inspect the properties and submit his report. Therefore, he prayed that the impugned order may be kept in abeyance till the disposal of the appeal.

5. Recording the above submission, this Court is of the considered view that the impugned order passed by the trial Court shall remain in abeyance till the disposal of A.S.No.43 of 2016. The learned District and Sessions Judge, Kanyakumari at Nagercoil, is directed to dispose of A.S.No.43 of 2016, which is stated to be posted for arguments, as expeditiously as possible and in any event, within a period of four months from the date of receipt of a copy of this order. Till the disposal of the said appeal, the trial Court shall not proceed further with I.A.No. 349 of 2015 or the final decree proceedings in I.A.No.318 of 2015.

6. With the above directions, this Civil Revision Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed. 30/09/2026 Index:Yes/No Internet:Yes/No er

To,

1. The District and Sessions Judge, Kanyakumari at Nagercoil.

2. The II Additional Subordinate Court, Nagercoil.

3. The Section Officer, VR/ER Section, Madurai Bench of Madras High Court, Madurai.

R.POORNIMA.,J er CRP(MD)No.2293 of 2023 30/09/2026