C.R..P.(NPD)(MD).No.212 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(NPD)(MD)No.212 of 2025 and C.M.P(MD) No.1331 of 2025 V.V.Uma Maheswaran ... Petitioner/Petitioner/ Appellant Vs. S.Viswaraja Pillai Son of Uma Maheswara Pillai (Died) 1. V.V.Deivanayagam 2. A.Vallinayaki 3. S.Ajay Kumar ... Respondents/ Respondents 2 to 4/ Respondents 2 to 4 PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order and decreetal order dated 20.12.2024 on the file of the learned Additional District and Sessions Judge, Padmanabhapuram in I.A.No.2 of 2024 in A.S.No.45 of 2011. 1/5 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.212 of 2025 For Petitioner : Mr.K.N.Thambi For R1 : Mr.S.Vashik Ali For R2 and R3 : No appearance O R D E R The appellant in A.S.No.45 of 2011 on the file of the Additional District and Sessions Court, Padmanabhapuram is the revision petitioner. 2. The revision petitioner herein as plaintiff had filed O.S.No.207 of 2010 before the Sub Court, Padmanabhapuram, for the relief of partition and separate possession and for declaration that the sale deed dated 29.07.2010 is not binding upon the plaintiff. The suit was dismissed. Challenging the same, the present revision petitioner has filed A.S.No.45 of 2011. Pending appeal one of the dependants namely the first defendant had passed away. The revision petitioner herein has filed I.A.No.2 of 2024 seeking amendment of the plaint for the purposes of enlargement of his share. This application came to be dismissed by the first appellate Court. Challenging the same the present Civil Revision Petition has been filed. 2/5 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.212 of 2025 3. The facts captured above will clearly indicate that the suit for partition filed by the revision petitioner has been dismissed and the appeal filed by him is pending. Pending partition suit if any one of the party passes away and in case, if the shares get enlarged, the same can be worked out during the final decree proceedings. Therefore, amendment of plaint is not necessary. 4. Considering the fact that the first appeal is of the year 2011, the learned Additional District and Sessions Judge, Padmanabhapuram is directed to dispose of the appeal on or before 30.06.2025. 5. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. 04.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.212 of 2025 To 1. The Additional District and Sessions Court, Padmanabhapuram. 2. The Sub Court, Padmanabhapuram. 4/5 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.212 of 2025 R.VIJAYAKUMAR,J. ebsi C.R.P(NPD)(MD)No.212 of 2025 04.02.2025 5/5 https://www.mhc.tn.gov.in/judis