Civil Revision concerning delay in final decree proceedings in a 1993 partition suit. The Court recorded compliance with a cost order, granted the trial court two months to pass the final decree, directed the District Collector on warrants, and listed for compliance reporting.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP No. 42 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2026
CORAM
THE HON'BLE Mr.JUSTICE K.KUMARESH BABU
CRP No. 42 of 2021 AND CMP No.295 of 2021
Zubaitha Ummal
..Petitioner(s)
Vs
Sara Ummal and 26 Others
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order and decree dated 18.12.2019 made in I.A.No.66/2017 in I.A No. 178/2017 in O.S.No.21/1993 on the file of the District Court, Karaikal and consequently allow the above CRP.
For Petitioner(s): Mr.T.Susindran For Respondent(s): Mr.S.Giritharan for R4
ORDER
In compliance of the orders of this Court dated 29.10.2024, the cost that
was directed to be paid was placed before this Court, by way of a demand draft bearing No.798088 dated 18.03.2026 drawn on Indian Bank, Madras High Court Branch, Chennai, in favour of the revision petitioner viz ., Zubaitha Ummal, along with a memo. The said demand draft is handed over to the
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CRP No. 42 of 2021
learned counsel for the revision petitioner and he has also acknowledged the receipt of the same. Recording the said memo, the compliance of the fourth respondent is recorded.
2.By order dated 29.10.2024, this Court had directed the trial Judge to dispose of the final decree proceedings on or before 30.04.2025 and file a report of compliance with regard to the same. Noting that no compliance report had been filed before this Court as directed by it in the aforesaid order, this Court has directed the Registry to call for a report from the learned District Judge, Karaikal.
3.In furtherance of the directions issued by this Court, a report was called for from the learned District Judge, Karaikal, by the Registry. A report dated 17.03.2026, had been placed before this Court. A perusal of the report would indicate that a warrant had been issued to the learned Advocate Commissioner to file a report along with a report of the Surveyor and that due to the lack of Surveyors in the Revenue Department in the District of Karaikal, the warrant has not yet been returned by the learned Advocate Commissioner, till date and therefore, there is a delay in disposal of the final decree applications as ordered by this Court and had sought finally, two months time to dispose of the suit by
passing a final decree.
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CRP No. 42 of 2021
4.It is very unfortunate that the orders of this Court to dispose of the final decree application on or before 30.04.2025 had not been adhered to by the trial Court. The trial Court had not even made any request seeking extension of time indicating the difficulties it is facing in this regard. Such a request had come to this Court, only after this Court taking note of the fact that no report of compliance had been filed, had called upon the Registry to call for a report.
5.This Court takes judicial notice of the fact that the Principal District Judge, on directions, has been convening regular meetings with various authorities including the Revenue Authorities viz ., The District Collector of the District, to expedite the warrant issued for commissions involving the Revenue Authorities to assist the Court in disposing all the long pending suits. The report that has been filed by the learned District Judge also did not disclose the steps that the trial Court had taken in seeing that the orders of this Court, particularly, in the suit are being complied with.
6.Since the compliance has not been made of the order, finally, two months time is granted to the trial Court as requested by it and it is directed to dispose of the suit at any cost on or before 15.06.2026, considering the ensuing summer holidays. Further direction is issued to the District Collector, Karaikal, to see that the warrants that are being issued by the Court, where assistance of
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CRP No. 42 of 2021
the Revenue Department is also required, are complied with, within a period of three months from the date of such orders and any violation in that regard, would be viewed seriously by this Court.
7.The learned District Judge, Karaikal, is also directed to insist in the
regular meetings that is conducted with the authorities in that regard and no laxity on the part of the District Judge will be condoned in future.
8.List this matter under the caption “for reporting compliance” on
22.06.2026.
25-03-2026
Index: Yes/No Neutral Citation: Yes/No
gya
Note : Issue order copy by 27.03.2026
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CRP No. 42 of 2021
To
1.The District Judge Karaikal
2.The District Collector Karaikal
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CRP No. 42 of 2021
K.KUMARESH BABU, J.
gya
CRP No. 42 of 2021
25-03-2026
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1 provisions across 1 enactments
Zubaitha Ummal
Sara Ummal
26 Others
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
