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2026 Supreme(Online)(Mad) 11831

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Devi Karumariamman – Appellant
Versus
Venkatachalam alias Venkatachalapathy (Died) 1. V – Respondent
CRP No. 459 of 2026



Important Points

The High Court may exercise its supervisory jurisdiction under Article 227 of the Constitution of India to direct a subordinate court to expeditiously dispose of a pending restoration application when there is an undue delay in proceedings.

Subject

Civil - Civil Procedure

Act Referred

Headnote

The petitioner filed a Civil Revision Petition under Article 227 of the Constitution of India seeking a direction for the expeditious disposal of an application for restoration of a suit for partition. The original suit, O.S.No.30 of 2023, was dismissed for default, leading the petitioner to file I.A.No.25 of 2025 on 21-07-2025 for restoration. The court observed that the application had remained pending for approximately seven months without significant progress. The primary issue was whether the trial court should be directed to dispose of the restoration application within a stipulated time. The court reasoned that since the original suit was from 2023 and the restoration application was filed in a timely manner, the continued delay in the hearing of the application was unwarranted. With this direction, the civil revision petition stands disposed of.

Advocates:
For the Appellants/Petitioners: M. Aravind Subramaniam, V. Haribabu
For the Respondents:

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the Learned Principal District Judge at Puducherry to expeditiously complete the proceedings in I.A.No.25 of 2025 in O.S.No.30 of 2023 within a stipulated time.

ORDER

The civil revision petition is filed seeking a direction to Principal District Judge, Puducherry to expeditiously dispose of the IA.No.25 of 2025 in OS.No.30 of 2023 within a time stipulated by this Court.

The petitioner herein filed a suit for partition and the same was dismissed for default. The petitioner filed IA.No.25 of 2025 seeking restoration of the suit. The said IA was filed on 21-07-2025 and the same has been adjourned from time to time. Since nearly six months have gone without any progress in the hearing of IA, the petitioner has approached this Court.

It is seen from the typed set of papers that the present IA for restoration of the suit has been filed on 21-07-2025 and the same has been kept pending for the past seven months without any progress.

Taking into consideration the original suit for partition was of the year 2023 and the restoration application has been filed in time, the trial court is directed to dispose of the IA.No.25 of 2025 in OS.No.30 of 2023 as expeditiously as possible.

With this direction, the civil revision petition stands disposed of. No costs.

05-02-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

nr

To

1. The Tahsildar

Department of Survey and Land Records,

Saram,

Puducherry.

2. The Junior Engineer

Industrial Estate,

Thattanchavadi,

Puducherry.

3. The Assistant Engineer

Indira Nagar,

Puducherry.

4. The Chief Engineer

Electricity Department,

Puducherry.

5. The Sub Registrar

Oulgaret,

Puducherry.

6. The Chief Secretary,

Government of Puducherry.

7. The Principal District Judge at Puducherry.

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