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CDJ 2025 MHC 7179 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : C.R.P. No. 4800 of 2025 & C.M.P. No. 24238 of 2025
Judges: THE HONOURABLE MR. JUSTICE P.B. BALAJI
Parties : G. Prakasam (Died) & Others Versus Anbu & Others
Appearing Advocates : For the Petitioners: M. Venkatakrishnan, Advocate. For the Respondents: R1, M/s. C. Prabakaran, R2, K.R. Samratt, Advocates, R3, No appearance.
Date of Judgment : 09-12-2025
Head Note :-
Civil Procedure Code - Section 115 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 115 of Civil Procedure Code
- Civil Procedure Code

2. Catch Words:
- Civil Revision
- Preliminary decree
- Sale deed
- Share partition
- Final decree
- Condonation of delay

3. Summary:
The petitioners filed a civil revision under Section 115 CPC challenging the trial court’s order that set aside a preliminary decree and the sale deed dated 18‑11‑2016. The trial court had affirmed the first respondent’s purchase of a 4/5 share, leaving the plaintiffs with a 1/5 share. The court noted that the parties had already crystallised their respective shares in earlier proceedings (CRP No.2204 of 2023). It held there was no merit in disturbing the preliminary decree and directed that the sale deed be confirmed. The decree invalidating the first respondent’s purchases was set aside, and the parties were directed to work out their respective shares in a final decree within three months. Consequently, the civil revision petition was dismissed.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code to set aside the order dated 21.08.2025 passed by the I Additional District Court, Salem in I.A.No.06 of 2023 in O.S.No.32 of 2013.)

1. Heard Mr.M.Venkatakrishnan, learned counsel for the revision petitioners and Mr.C.Prabakaran, learned counsel for the first respondent and Mr.K.R.Sarmatt, learned counsel for the second respondent.

2. The present revision has been filed challenging the order passed in I.A.No.6 of 2023, filed by the respondents herein, who are co-defendants, seeking to set aside the preliminary decree passed along with an application to condone the delay. The same has been allowed by the trial court and challenging the said order, the present revision has been filed by the plaintiffs.

3. Learned counsel for the petitioners/plaintiffs would take me through the order passed by this Court in CRP No.2204 of 2023 dated 02.01.2025, wherein, this Court crystalised the shares of the parties at Paragraph No.4 and directed the parties to work out their rights in the final decree application.

4. The trial Court has proceeded to set aside the purchases made by the first revision petitioner under Sale Deed dated 18.11.2016. The co-sharers who have sold their respective shares to the first respondent are not disputing the said sale in favour of the first respondent. However, the trial court while passing the decree in O.S.No.32 of 2013, has set aside the sale deed in favour of the first respondent.

5. Today, admittedly, the first respondent owns 4/5th shares, being the remaining shares in the said property, the other 1/5th share belongs to the plaintiffs.

6. Learned counsel for the first respondent state that though the application was filed by him along with two others viz., Rani and Tamil Selvi, he also purchased their shares.

7. Learned counsel for the second respondent herein has also affirmed the same.

8. In view of the above, I do not see any purpose in setting aside the preliminary decree at this juncture. It would suffice to confirm the sales effected in favour of the first respondent which has been set aside by the trial court and attempt has been made by the first respondent to set aside the same which was also allowed by the trial Court. The said order alone is challenged in this revision.

9. Considering that the parties have already admitted their respective shares even in the earlier round of litigation in CRP No.2204 of 2023, the following order is passed in this civil revision petition:

                   (i) The order passed in I.A.No.6 of 2023 in O.S.No.32 of 2013 dated 21.08.2025 is confirmed. The petitioners/plaintiffs shall work out their 1/5th share in the final decree application and remaining 4/5th share is clarified to be belonging to the first respondent viz., Anbu.

                   (ii) The decree insofar as the declaration invalidating the purchases made by the first respondent is set aside. The plaintiffs and the first respondent shall work out their rights for claiming their respective 1/5thth and 4/5th share in the final decree application and final decree shall be passed within a period of three months from the date of receipt of a copy of this order.

10. With the above observation, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
 
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