Sarathkumar vs Lakshmi

CRP No. 6234 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6234 of 2026
CNR: {HCMA012289402026}
and
CMP No.26929 of 2026
Sarathkumar
Son of Muthuraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
...Petitioner
Vs
1. Lakshmi
Wife of Saminathan
Thandalacherry Village
Gummidipoondi Taluk
Tiruvallur District
2. Vasantha
Wife of Subramani
Kovilpathagai
Avadi IAF
Chennai- 600 055.
Selvaraj (Died)
Muthuraj (Died)
S.Mohanraj (Died)
3. M.Selvi
Wife of Late.Manoharan
D.No. 159, Pallavan Nagar
Thadaperumbakkam
Ponneri Taluk
Tiruvallur District
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CRP No. 6234 of 2026
4. Niranjan
Son of Late.Manoharan
D.No. 159, Pallavan Nagar
Thadaperumbakkam
Ponneri Taluk
Tiruvallur District
5. Aswini
Daughter of Late.Manoharan
D.No. 159, Pallavan Nagar
Thadaperumbakkam
Ponneri Taluk
Tiruvallur District
6. Govindhammal
Wife of Muthuraj
Thandalacherry Village
Gummidipoondi Taluk
Tiruvallur District
7. Usha
Daughter of Muthuraj
Madimai Kandigai
Uppalam Post
Ponneri Taluk
Tiruvallur District
8. Kuppammal
Wife of Muthuraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
9. Chinnaraj
Son of Muthuraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
10.Murali
Son of Muthuraj
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CRP No. 6234 of 2026
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
11.Chiranjeevi
Son of Muthuraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
12.Kavitha
Daughter of Muthuraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
13.S.Shanthi
w/o Selvaraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
14.N.Sathya
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
15.D.Saranya
d/o Selvaraj
Getnamallee Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
16.S.Santhosh
s/o Selvaraj
Getnamallee Village
New Gummidipoondi Post
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CRP No. 6234 of 2026
Gummidipoondi Taluk
Tiruvallur District
17.A.Purushothaman
Son of Late. Allasami Reddy
D.No. 80, Thandalacherry Village
New Gummidipoondi Post
Gummidipoondi Taluk
Tiruvallur District
18.R.Rajesh
Son of Ramachandran
D.No.444, Suravarikandigai
Sirupuzhalpettai
Tiruvallur
19.R.Venkatesan
Son of M.Rajagopal
D.No.16, Assisi Nagar 3rd Street
Madhavaram
Chennai.
...Respondents
PRAYER : The Civil Revision Petition is filed under Article 227 of the Indian
Constitution, to set aside the impugned docket order dated 27.08.2026 in IA
No.175 of 2019 in OS No.245 of 2019 on the file of the learned District Munsif
cum Judicial Magistrate at Gummidipoondi.
For Petitioner: M/S.L.Lakshmi Swaroopa.
For Mr.S.Subramanian
For R1 & R2:

(R3 to R19 -
S.Saravanakumar
Service awaited)
ORDER
This Civil Revision Petition is filed challenging the order passed by the
Trial Court appointing an Advocate Commissioner to suggest the mode of
division as per the preliminary decree.
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CRP No. 6234 of 2026
2. The facts of the case are that the respondents 1 and 2 filed a suit for
partition against the other respondents and the father of the petitioner and
obtained a preliminary decree for partition. Thereafter, the respondents 1 and 2
filed I.A. No. 175 of 2019 seeking passing of a Final Decree. In the meantime,
the petitioner's father, Muthuraj passed away and the petitioner was brought on
th
record as the 13 respondent in the final decree proceedings. The petitioner also
filed a counter in the impugned final decree application, wherein he raised
certain objections. By the impugned order, the Trial Court appointed an
Advocate Commissioner to suggest the mode of division. Aggrieved by the
same, the petitioner has come before this Court.
3. The learned counsel for the petitioner would vehemently contend that
the preliminary decree was obtained by suppression of material facts and
therefore the same is vitiated. It is further submitted that the petitioner has not
been given an opportunity to oppose the final decree application and therefore
the impugned order is liable to be set aside.
4. If the petitioner has any grievance against the preliminary decree, it has
to be challenged in the manner known to law. Now, pursuant to the preliminary
decree, the respondents 1 and 2, being the plaintiffs in the suit, filed an
application seeking the passing of a Final Decree. In the said application, the
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CRP No. 6234 of 2026
Advocate Commissioner has been appointed to suggest the mode of division.
Without appointing an Advocate Commissioner to suggest the mode of division,
it may be difficult for the Court to pass a Final Decree. Therefore, I do not find
any error in the order appointing the Advocate Commissioner.
5. It is made clear that the report of the Advocate Commissioner on the
mode of division is only a suggestion, and the parties are at liberty to file their
objections before the Trial Court, which shall decide about the division and the
Final Decree only after hearing both the parties. The petitioner has already filed
a counter, and the objections of the petitioner with regard to the mode of
division to be suggested by the Advocate Commissioner will be considered by
the Trial Court at the time of final disposal of the Final Decree petition.
Therefore, I do not find any serious error in the impugned order passed by the
Trial Court.
6. Accordingly, this Civil Revision Petition is dismissed. Consequently,
the connected Civil Miscellaneous Petition is closed. No costs.
13-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
rya
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CRP No. 6234 of 2026
To:-
1. The District Munsif cum Judicial Magistrate,
Gummidipoondi.
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CRP No. 6234 of 2026
S.SOUNTHAR, J.
rya
CRP No. 6234 of 2026
CMP No.26929 of 2026
13-10-2026
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