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2026 Supreme(Online)(Mad) 17343

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
K.M.Sivaprakasam – Appellant
Versus
K.K.Maruthamuthu Padyachi (Died) – Respondent
Civil Revision Petition | CMP.No.4937 of 2026



Advocates:
For the Appellants/Petitioners: Mr.RA.Gopinath

Court emphasized timely resolution of partition proceedings to prevent unnecessary delays in justice.

Headnote:This judgment analyzes a Civil Revision Petition filed under Section 115 of CPC regarding a final decree application in a partition suit. The petitioner expressed grievance over the delay in adjudication despite a preliminary decree from 1989 and requested directions for timely resolution. The court framed the issue of delay in final decree proceedings and determined that the Subordinate Court must resolve pending applications within twelve weeks, followed by the final decree application in eight weeks. Consequently, the Civil Revision Petition is allowed, and the connected Miscellaneous Petition is closed without costs.

Table of Content
1. court orders timely adjudication of pending applications. (Para 1)
2. delay in final decree application for partition suit. (Para 2 , 3)
3. civil revision petition allowed. (Para 4)

O R D E R

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

2. The third defendant in the suit for partition is the revision petitioner. Subsequent to the preliminary decree passed as early as on 03.08.1989 in O.S.No.486 of 1985, the petitioner filed a final decree application in I.A.No.231 of 2019 before the Subordinate Court, Attur.

3. The grievance of the petitioner is that despite passage of more than six years, the final decree application has not seen light of the day. The learned counsel for the petitioner would take me through the adjudication in the A-Diary, which is also enclosed in the typed set of papers, I find that on account of some interlocutory applications or the other, the matter is being adjourned, despite the Advocate Commissioner has also having filed a report even in July 2023.

4. Considering the limited relief sought in the revision, notice to the respondents is being dispensed with. This Civil Revision Petition is allowed directing the learned Sub Judge, Attur shall dispose of all pending Interlocutory Applications within a period of twelve weeks from the date of receipt of a copy of this order and thereafter, the final decree application in I.A.No.231 of 2019 within a period of eight weeks.

Consequently, the connected Miscellaneous Petition is closed. No costs.

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