V.Sekar Vs T.Panchatcharam — Writ and Judicial Review | Madras HC (2025)

V.Sekar Vs T.Panchatcharam — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Civil revision petition disposed of with directions: Subordinate Judge, Alandur to hear and dispose of A.S.No.245/2021 along with connected appeals A.S.Nos.187/2021, 200/2021 and CMA No.11/2021 on merits on or before 31.01.2026; execution petition proceedings deferred till final decision in the said appeals; no costs imposed; connected miscellaneous petition (CMP No.28381 of 2025) closed.

Issue for consideration

Whether the order dated 23.10.2025 of the Principal District Munsif Court, Alandur ordering delivery in execution of the ejectment decree should be interfered with in revision under Article 227, the decree holder contending no error was committed since there was no stay. +1 more

Ratio / Principle

Since the first appeal A.S.No.245/2021 was being taken up after its dismissal order was set aside, the court directed the Subordinate Judge, Alandur to hear that appeal together with connected appeals A.S.Nos.187/2021, 200/2021 and CMA No.11/2021 and dispose of all of them on merits and in accordance with law on or before 31.01.2026.

Key takeaways

The proceedings in the Execution Petition (E.P.No.35 of 2024) shall stand deferred until final decision in A.S.No.245/2021 and the connected appeals.ratio¶judg-para 5

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji J.) — CRP No.5679 of 2025, decided 02.12.2025. Revision under Article 227 of the Constitution of India by the judgment debtor against the order dated 23.10.2025 in E.A.No.1 of 2025 in E.P.No.35/2024 (Principal District Munsif Court, Alandur) ordering delivery in execution of an ejectment decree in O.S.No.2164 of 1997. The first appeal A.S.No.245 of 2021, earlier dismissed for default on 09.10.2023, has since been set aside and was ripe for arguments (posted 05.12.2025). Without ruling on the correctness of the delivery order, the court directed the Subordinate Judge, Alandur to hear A.S.No.245/2021 along with connected appeals A.S.Nos.187/2021, 200/2021 and CMA No.11/2021 and dispose of them on merits and in accordance with law on or before 31.01.2026, deferring the execution proceedings till final decision in the said appeals. Civil revision petition disposed of without costs; connected miscellaneous petition closed.

CRP No.5679 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

CRP.No.5679 of 202 5 and CMP No.28381 of 2025

V.Sekar ... Petitioner

Vs.

T.Panchatcharam ... Respondent

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 23.10.2025 made in E.A.No.1 of 2025 in E.P.No.35/2024 on the file of Principal District Munsif Court at Alandur.

For Petitioner: Mr.AR.L.Sundaresan

Senior Counsel For Mr.S. Mohanasundararajan For Respondent : Mr.V.Srikanth

ORDER

Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for

Mr.S.Mohanasundararajan, counsel for the revision petitioner and Mr.V.Srikanth,

learned counsel for the respondent.

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CRP No.5679 of 2025

The revision petitioner is the judgment debtor, who suffered a decree for

ejectment in the suit filed by the respondent in O.S.No.2164 of 1997. Pursuant to

the decree, the petitioner filed a first appeal and the same was dismissed for default on 09.10.2023. Thereafter, Execution Petition in EP No.35 of 2024 has been filed, where, the respondent/decree holder has mentioned that though the first

appeal was filed in A.S.No.245 of 2021, in view of the same being dismissed, there is no impediment for the decree passed by the trial court being executed. Learned Senior Counsel, however brings to my notice that subsequent to the dismissal of A.S.No.245 of 2021, the order dismissing the appeal has been set

aside and the appeal is ripe for arguments.

Learned counsel for the respondent would submit that the appeal is now

posted to 05.12.2025 for arguments and is no error has been committed by the

executing court in ordering delivery, since there is no stay.

However, considering that the first appeal is now being taken up, it

would suffice to direct the Sub Court to hear the appeal and dispose of the same on

merits.

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CRP No.5679 of 2025

Accordingly, the Subordinate Judge, Alandur is directed to hear the first

appeal in A.S.No.245/2021 along with connected appeals in A.S.Nos.187/2021, 200/2021 and CMA No.11/2021, which are also pending before Sub Court, Alandur, and dispose of the same on merits and in accordance with law, on or before 31.01.2026. The proceedings in the Execution Petition shall be deferred till the final decision in the said appeals.

With the above direction, the civil revision petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

02.12.2025

Neutral Citation: Yes/No Speaking Order/Non-speaking Order Index : Yes / No sr To The Subordinate Court, Alandur

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CRP No.5679 of 2025

P.B.BALAJI.,J

sr

CRP No.5679 of 2025

02.12.2025

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