Advocates:
['V Raghavachari', '', 'V LAKSHMINARAYANAN', 'V SRIMATHI', 'Vijayalakshmi Rajagopal Counsel']

CRP.No.3455 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

CRP.No.3455 of 2022

Ponnusamy

.. Petitioner

Versus

1.T.R.S.Jayaprakash

2.Parvathi (Died)

3.T.S.Ayyappan (Died)

4.S.Dhanalakshmi (Died)

5.S.Prema

6.A.Jayanadhan

7.A.Gajendiran

8.Soundaravalli

9.S.Sathyabama

10.N.Parameshwari

11.S.Kalyani

12.Selvam

13.B.Kabaleeswaran

.. Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of

India, to set aside the order dated 26.09.2022 passed in I.A.No.11 of 2022 in

O.S.No.287 of 2004.

Petitioner

: Mr.V.Raghavachari

Respondents

: Mr.S.R.Rajagopal for Caveator

for M/s.Vijayalakshmi Rajagopal

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CRP.No.3455 of 2022

ORDER

This Civil Revision Petition has been filed by the petitioner challenging

the order passed by the Court below dismissing the petition filed by him

seeking to set aside the ex-parte Order dated 15.12.2021 passed against him in

the main suit.

2. The first respondent herein filed a suit for partition against the other

respondents claiming 1/3^rd share in the suit property in O.S.No.287 of 2004 on

the file of the Principal District Judge, Vellore.

3. When the suit was pending, at the stage of cross-examination of

DW1, two Interlocutory Applications were preferred by one of the defendants

for filing additional written statements to include certain properties which were

not mentioned in the plaint schedule and for impleading of a third party in

whose name the said property sought to be included by way of additional

written statements stands in I.A.Nos.242 & 243 of 2005.

4. The said I.As. were dismissed by the Trial Court, but, on revision, the

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CRP.No.3455 of 2022

petitions were allowed by this Court. Challenging the order passed in revision,

SLP (Civil) Nos.13188/13190 of 2021 were preferred. The Hon'ble Apex Court

allowed the Civil Appeal Nos. 4999-5001 of 2021 (Arising out of SLP (Civil)

Nos.13188/13190 of 2021) and set aside the order of this Court by restoring

the order passed by the Trial Court in respect of I.A.Nos.242 & 243 of 2005.

5. The Hon'ble Apex Court while disposing the above appeals, taking

into consideration of the disturbing feature that the present suit for partition has

been pending for the past 24 years observed that the Trial Court shall do well

to conclude the proceedings as early as possible and preferably within a period

of six months from the date of receipt of a copy of that Order. It was also

observed by the Hon'ble Apex Court that the Trial Court shall not entertain

any such interim applications thereafter. The relevant observations of the

Hon'ble Apex Court are as follows:

...15. One disturbing feature which emerges from the present

facts is that the suit for partition is pending for last 24 years and

repeated applications are being preferred by the defendants. The record

also shows that the cross-examination of respondent No.1 was in

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CRP.No.3455 of 2022

progress when these applications came to be filed one after the other.

We may observe that the trial court shall do well to conclude the

proceedings as early as possible and preferably within six months of

the receipt of copy of this order. We may also observe that the trial

court shall not entertain any such interim applications hereafter.

6. Thereafter, the Trial Court in obedience to the Order passed by the

Hon'ble Apex Court tagged all the interlocutory applications along with the

main suit and decided to consider those applications along with the main

suit. However, the petition in I.A.No.124 of 2007 for impleading the present

revision petitioner as one of the defendants in the suit alone was taken up

for consideration. In the impugned order, the Trial Court observed that the

said application was taken up for consideration upon the consent given by

both the side