Dismissed

K.M. Ella Reddy (Died) 1. Radhamma v. J.Kulasekaran

Madras HC27 Jun 2025CRP/2596/2025

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging an execution order. It held that filing an application to set aside an ex-parte decree does not automatically stay execution. The court directed the subordinate judge to dispose of pending interlocutory applications within 30 days and restrained the execution court from proceeding further until then.

What did the court decide?

Directed subordinate judge to dispose of pending interlocutory applications within 30 days; stayed further execution proceedings until then.

K.M. Ella Reddy (Died) 1. Radhamma Vs… — Civil Procedure and Limitation | Madras HC (2025)

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CRP NPD.No.2596 of 2025

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THE HIGH COURT OF JUDICATURE AT MADRAS

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Date : 27.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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CRP [NPD] No.2596 of 2025 & CMP.No.14729 of 2025

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K.M.Ella Reddy [died]

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Radhamma

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Dhanalakshmi

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Padmamma

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Manjunath . . . Petitioners

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Versus

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J.Kulasekaran

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Kalaimagal Sabha Represented by its Special Officers

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Nagasubramaniam

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K.C.Kathirvelu, Advocate, Chennai

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Navaneetha Krishnan Registered Officer at No.67, Pudhupallipalayam Roadm, Kumarapalayam – 638 183. . . . Respondents

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PRAYER : Petition filed under section 115 of Code of Civil Procedure to set aside the Order passed in R.E.P.o.1 of 2022 in O.S.No.69 of 2024 dated 30.04.2025 on the file of the District Munsif cum Judicial Magistrate No.I at Hosur by allowing the present Civil Revision Petition.

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Page 1 / 4

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https://www.mhc.tn.gov.in/judis

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For petitioner : Mr.R.Jayaprakash

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O R D E R

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CRP NPD.No.2596 of 2025

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Challenge has been made to the Order of the Executing Court allowing

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the Execution Petition filed by the respondent, in the present Civil Revision Petition.

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Though challenge has been made against the Order passed in Execution Petition, allowing petition for execution, the main contention of the petitioner is that as against the decree and judgment of the trial Court dated 05.08.2009, he had already filed an application to set aside the judgment along with an application to condone the delay of 149 days and same is pending in I.A.No.70 of 2010 on the file of the Sub Court, Hosur. Now, the Execution Court is proceedings with the execution proceedings.

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At the outset, this Court is of the view it is well settled that mere filing of an application to set aside the exparte decree will not amount to automatic stay of the Execution Petition. At the same time, it is the contention

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Page 2 / 4

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https://www.mhc.tn.gov.in/judis

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CRP NPD.No.2596 of 2025

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of the learned counsel for petitioner that the application filed by the petitioner is pending from the year 2018. Therefore, the learned Subordinate Judge is directed to dispose of the interlocutory applications filed by the petitioner within a period of 30 days from the date of receipt of a copy of this Order. Till such time, the execution Court shall not precipitate further orders in the Execution Proceedings.

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With the above direction, this Civil Revision Petition is dismissed.

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No costs. Consequently, connected miscellaneous petition is closed.

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27.06.2025

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Index : Yes / No Internet: Yes Speaking/non speaking order

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vrc

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To,

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The District Munsif cum Judicial Magistrate, Hosur.

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Page 3 / 4

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https://www.mhc.tn.gov.in/judis

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CRP NPD.No.2596 of 2025

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N. SATHISH KUMAR, J.

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vrc

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CRP NPD No.2596 of 2025

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27.06.2025

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Page 4 / 4

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https://www.mhc.tn.gov.in/judis

K.M. Ella Reddy (Died) 1. Radhamma v. J.Kulasekaran

Case brief

What is this about?

What did the court decide?

K.M. Ella Reddy (Died) 1. Radhamma v. J.Kulasekaran

Case brief

What is this about?

What did the court decide?

What the court decided

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