Madras High Court

CRP(MD)/2481/2026 of Muthusamy Vs Balamurugan on 10 September 2026

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C.R.P(MD)No.2481 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10.09.2026

CORAM:

THE HONOURABLE MS.JUSTICE R. POORNIMA

C.R.P(MD)No.2481 of 2026

1.Muthusamy

2.Kannadasan

3.Geetha

.. Petitioners

Vs.

1.Balamurugan

2.Senthilmurugan

3.The Sub Registrar

Office of Sub Registrar,

Kalayarkovil.

..Respondents

PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India to direct the Subordinate Court, Sivagangai to expeditiously dispose of the suit in OS.No.295 of 2023 on its file, within a time frame fixed by this Court.

For Petitioners : Mr.S.Srinivasa Raghavan For Respondents : Mr.I.Pinaygash - for R3

Special Government Pleader

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C.R.P(MD)No.2481 of 2026

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ORDER

This Civil Revision Petition has been filed by the revision petitioners to direct the Subordinate Court, Sivagangai to dispose of the suit in OS.No.295 of 2023.

2. The petitioners are the defendants 1 to 3. The respondents 1 and 2 are the plaintiffs. 3rd respondent is the 4th defendant. The respondents 1 and 2 filed a suit in O.S.No.295 of 2023 for partition, declaration, permanent injunction and mandatory injunction.

3. The learned counsel for the petitioners states that the suit was filed by the son of 1st petitioner. The first petitioner is aged about 82 years. In this suit, issues were already framed as early as on 03.09.2024 and the matter has been posted for trial. Thereafter, the respondents filed an IA.No.3 of 2025 to implead the 5th defendant as a necessary party to the suit and the same is pending for more than 8 months. Therefore, the trial Court has not been able to proceed further. since the first petitioner is aged about 82 years, if the suit is not concluded

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C.R.P(MD)No.2481 of 2026 at the earliest, he will be put into hardship and irreparable loss. Hence, he prayed to issue a direction to the trial Court for speedy disposal.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. On perusal of the B diary, it is seen that the suit has already been posted for trial. In the meantime, the respondents 1 and 2/ plaintiffs filed IA.No.3 of 2025 and the same is pending for more than 8 months and in the said IA, the counter was filed only on 03.06.2026. Since the said IA is one for impleadment of party, after considering the said petition, if the same is allowed by the Court, the party has to carry out the amendment, which may take some time.

6. Therefore, the trial Court is hereby directed to dispose of the suit, after completing all the formalities, at the earliest, preferably within a period of one year from the date of carrying out the amendment in IA.No.3 of 2025.

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C.R.P(MD)No.2481 of 2026

7. With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

10.09.2026 Index : Yes / No NCC : Yes / No RM To The Subordinate Court, Sivagangai.

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C.R.P(MD)No.2481 of 2026 R. POORNIMA,

J.

RM C.R.P(MD)No.2481 of 2026 10.09.2026

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