Madras High Court
CRP/5211/2026 of V.Lakshmi Vs A.Parvathi on 27 August 2026
CRP No. 5211 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-08-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP No. 5211 of 2026
1. V.Lakshmi
W/o. Late. Venugopal, No.66/29, Fanepet, 2nd Street, Nandanam, Chennai 600 035.
Petitioner(s)
Vs
1. A.Parvathi
W/o. Late. Arumugam, No.11/112,
M.G.R.Street, Bharathi Nagar, Pozhichalur, Chennai 600 074.
2.B.Monika
W/o. Muthukumar, No.103, Andiappan
Street, Kasikulam, Chennai 600 033.
3.B.Subalakshmi
D/o. Late. B.Vigneshwari, No.103,
Andiappan Street, Kasikulam, Chennai 600
033.
4.Balasundaram
S/o. Munusamy, No.14/27, Pillaiyar Koil
Street, Kannadapalayam, Tambaram 600
045.
5.B.Tamilselvi
W/o. Balasundaram, No.14/27, Pillaiyar
Koil Street, Kannadapalayam, Tambaram
600 045.
6.B.Maheshkumar
CRP No. 5211 of 2026
S/o. Balasundaram, No.14/27, Pillaiyar Koil Street, Kannadapalayam, Tambaram 600
045. G.Jayakumar (Deceased)
7.A.Vijayalakshmi
W/o. Late. Arumugam, No.4 Durai
Ragupathi Street, Postal Nagar, Chrompet, Chennai 600 044.
8.K.Balakrishnan
S/o. Kanagarathinam, No.8/16, Durairaj
Street, Gandhinagar, Nagalkeni, Chennai
600 044.
9.Latha
W/o. Late. Rajkumar, No.5 Durai
Raghupathi Street, Postal Nagar, Chrompet, Chennai 600 044.
10.R.Yugapriya
D/o. Late. Rajkumar, No.5 Durai
Raghupathi Street, Postal Nagar, Chrompet, Chennai 600 044.
11.R.Raghavi
D/o. Late. Rajkumar, No.5 Durai
Raghupathi Street, Postal Nagar, Chrompet, Chennai 600 044.
12.P.Padmavathi
W/o. Pandian, No.6/9, Boopathi Street,
Gandhinagar, Nagalkeni, Chennai 600 044.
13.K.Suganthi
W/o. Jayakumar, No.4,, Durai Ragupathi
Street, Postal Nagar, Chrompet, Chennai
14.J.Aravind
S/o. Jayakumar, No.4,, Durai Ragupathi
Street, Postal Nagar, Chrompet, Chennai
600 044.
15.D.Sudhakar
S/o. M.Dhanapalan, Plot No.33, Suseela
Nagar, Vengaivasal, Medavakkam, Chennai
CRP No. 5211 of 2026
600 100.
16.D.Satish
S/o. M.Dhanapalan, No.66/29, Fanepet, 2nd Street, Nandanam, Chennai
17.A.Suganthi
W/o. Vinoth, No.66/29, Fanepet, 2nd Street, Nandanam, Chennai
18.Selvi A.Arthi
D/o. M.Adhikesavan, No.66/29, Fanepet,
2nd Street, Nandanam, Chennai
19.The Sub Registrar
Saidapet Joint II, Chennai South 600 032.
Respondent(s)
Revision filed under Article 227 of Constitution of India seeking speedy disposal of I.A.No.7 of 2024 in O.S.No.5778 of 2018 on the file of III Additional City Civil Court, Chennai.
For Petitioner(s):
Ms.V.Charishma
For Ms.Srimathi V.
For RespondentS:
Mr.P.Sunil
Govt.Advocate
For R.19
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ORDER
Heard Ms.V.Charishna, for Mrs.V.Srimathi, learned counsel for the petitioner.
2. Considering the limited relief sought for in this revision, notice to the respondents is dispensed with.
CRP No. 5211 of 2026
3. The learned counsel for the petitioner brings to my notice though the petitioner was the first defendant in the suit for partition in O.S.No.5778 of 2018 and the petitioner, in view of the preliminary decree in favour of the petitioner, filed I.A.No.7 of 2024 for passing of a final decree. The petitioner is entitled to 2/6th share in the suit property and despite the respondents 16,18 and 19 alone the contesting the final decree petition, they have not chosen to file a counter till date despite several opportunities granted by the trial Court. Learned counsel also brings to my notice that the petitioner is aged 89 years and the final decree is pending for more than two and half years as on date. Learned counsel therefore seeks for expeditious disposal of final decree application pending in I.A.No.7 of 2024.
4. I have gone through the “A” Diary extract which is enclosed along with the typed set of papers. I find that sufficient opportunity has been given to the contesting respondents to file a counter for over a year and despite the same the Court has repeatedly adjourning the matter for filing a counter by the respondents 16,18 and 19. Considering that it is a final decree application and in view of the recent pronouncement of the Hon’ble Supreme Court in Periyammal (Dead Thr.Lrs) vs V.Rajamani and Anr.etc., reported in 2025 (2) CTC 404 and Rahul S.Shah vs Jinendra Kumar Gandhi,
CRP No. 5211 of 2026 reported in AIR 2021 SC 216, the execution petitions are to be disposed of expeditiously and preferably within a period of six months. Final decree proceedings are also more in the nature of execution of decree only.
5. In the light of the above, the civil revision petition is allowed and the learned Judge, III Additional City Civil Court, Chennai is directed to dispose of I.A.No.7 of 2024 in O.S.No.5778 of 2018 on merits and in accordance with law on or before 31.10.2026. No costs. 27.08.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The III Additional City Civil Court, Chennai
CRP No. 5211 of 2026 P.B.BALAJI.,J sr CRP No. 5211 of 2026 27.08.2026