CRP(MD)/2557/2026 of Nachan (Died) 1. Karumalaiyan Vs Palaniyandi (Died) 1. Sundar on 17 September 2026

ORDER

The petitioners are the plaintiffs in O.S.No.318 of 2020, pending on the file of the Sub-Court, Trichy District.

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CRP(MD) NO. 2557 of 2026

2. The petitioners state that the original plaintiff instituted the above suit seeking a declaration of their title and recovery of possession of the suit properties from the defendants, with a consequential declaration that Patta No.14, standing in the name of the respondents' predecessor-in-title, is ab initio void, non est and invalid, together with a claim for mesne profits and other consequential reliefs.

3. The petitioners further state that the first petitioner is aged about 79 years and is a senior citizen. He has no substantial source of income except the agricultural income derived from the suit properties. It is contended that the continued pendency of the suit is causing immense hardship and financial prejudice to them. Hence, they seek an expeditious disposal of the suit.

4. It is further stated that, during the pendency of the suit, the original first plaintiff, namely Nachan, and the original defendant, namely Palaniyandi, passed away. Though the proceedings have been continued in accordance with law, the suit has remained pending for several years without reaching its finality. Hence, the petitioners have

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CRP(MD) NO. 2557 of 2026 approached this Court seeking a direction for the speedy disposal of the suit.

5. On perusal of the 'B' Diary, it is seen that the suit was posted for trial and remained pending from 25.01.2023 to 06.12.2023. Thereafter, it was posted for taking steps and remained pending up to 22.03.2024. Subsequently, an interlocutory application appears to have been filed, which remained pending from 22.03.2024 to 03.06.2026. It is further brought to the notice of this Court that another party has also passed away and the matter is presently pending for taking necessary steps from 03.06.2026. Therefore, no laches or omission can be attributed to the learned Trial Court in the matter of disposal of the suit.

6. The petitioner is directed to take appropriate steps by filing a proper petition for bringing the necessary legal heirs of the deceased party/parties on record, in accordance with law. Thereafter, the necessary amendment shall be carried out in the plaint and consequential proceedings shall be taken. The petitioner shall also take steps for effecting notice upon the proposed parties. The learned Trial Court shall

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CRP(MD) NO. 2557 of 2026 thereafter afford reasonable opportunity to the proposed parties to enter appearance and file their written statements, if any, in accordance with law.

7. In the absence of the petitioner taking the requisite steps for bringing the necessary parties on record, the petitioner cannot seek a direction from this Court for the speedy disposal of the suit. In view of the aforesaid circumstances, this petition is liable to be dismissed.

8. However, the petitioner is at liberty to take all necessary and effective steps, in accordance with law, and thereafter approach the learned Trial Court with a request to proceed with and conclude the trial at the earliest. The petitioner shall extend full cooperation for the expeditious disposal of the suit.

9. Accordingly, this petition is dismissed. There shall be no order as to costs. 17.09.2026 NCS : Yes/No Index : Yes / No

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CRP(MD) NO. 2557 of 2026 Internet : Yes / No am To The Sub-Court, Manapparai, Trichy District

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CRP(MD) NO. 2557 of 2026 R.POORNIMA.,J. am C.R.P(MD)No.2557 of 2026 17.09.2026

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