Madras High Court
CRP/3229/2026 of P.N.Thyagarajan Vs P.N.Somasundaram on 27 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP. No.3229 of 2026
and CMP. No.14089 of 2026
P.N.Thyagarajan
..Petitioner
Vs
1.P.N.Somasundaram
2.P.N.Jagadeesan
3.Mrs.T.Jayanthi
..Respondents
Prayer: This Civil Revision Petition filed under Section 115 of CPC, to set aside the order dated 03.06.2026, passed in E.A.S.R. No.531 of 2026 in E.P.
No.3 of 2024 in O.S. No.8 of 2019 by the learned Additional District Judge, Fast Track Court at Kanchipuram and direct the Court to decide the petition in E.A. SR. No.531 of 2026.
For Petitioner(s):
For Respondent(s):
Mr.V.Jayakumar
Mr.K.Venkateswaran for R1
Mr.Suresh Sampath for R3
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ORDER
Heard Mr.V.Jayakumar, learned counsel for the petitioner, Mr.K.Venkateswaran, learned counsel for the first respondent and Mr.Suresh Sampath, learned counsel for the third respondent.
2. The first respondent as plaintiff filed a suit for partition. The preliminary decree came to be passed declaring the share of the first respondent as 1/4th. Mr.Suresh Sampath, learned counsel for the third respondent affirms the entitlement of the petitioner to 1/4th in a similar manner to which the third respondent and other respondents were also equally entitled to 1/4th share. However, Mr.V.Jayakumar, learned counsel for the petitioner states that as against the preliminary decree, an appeal is pending before this Court. However, it appears that appeal has only been filed and not numbered as on date. Admittedly, there is no interim order as against the preliminary decree and the Trial Court is proceeding with the final decree proceedings.
3. Be that as it may, even in the final decree, the petitioner was set exparte and he brought it to the notice of this Court on 17.06.2026. This Court, taking note of such representation, directed the Trial Court to number the application, if any, filed and proceed with the same, in the manner known to law and directed the Executing Petition to be deferred till the next hearing, viz., 12.08.2026. Thereafter, the interim order has also been extended and is subsisting as on date.
4. Today, Mr.Jayakumar, learned counsel for the petitioner admits to the fact that the said application has been numbered as I.A. No.5 of 2026 and is posted for counter of the respondent to 10.09.2026. He would also, on instructions, state that the petitioner is willing to not pursue the Section 47 Application, the return of which is challenged.
5. In view of the above, no further orders are necessary in this revision, since the petitioner is withdrawing the Application under Section 47 CPC, with liberty to agitate his rights in the Section 5 Application and subject to succeeding in the same, in the setting aside application.
6. In the light of the above, a direction is issued to the Trial Court, the District Judge, Fast Track Court, Kancheepuram, to dispose of I.A. No.5 of 2026, within a period of four (4) weeks from the date of receipt of the copy of the order. The respondent shall file counter on 10.09.2026. If the petitioner succeeds in the Section 5 application, the Execution Proceedings shall be kept in abeyance for a further period of four weeks, till such time, the setting aside application is decided. However, it is needless to state that if the Section 5 Application is dismissed, then the Executing Court shall proceed with the final decree application, in accordance with law.
P.B.BALAJI, J.
7. Accordingly, this Civil Revision Petition is dismissed with the above terms. No costs. Consequently, connected Miscellaneous Petition is also closed. 27.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The Additional District Judge, Fast Track Court at Kanchipuram. CRP. No.3229 of 2026 and CMP. No.14089 of 2026