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M.Krishnaveni v. a.Elango

Madras HC1 Dec 2025CRP/6153/2025

Case brief

AI extract

What is this about?

Time-bound disposal of execution petitions; supervisory direction under Article 227 of the Constitution of India to Subordinate Court, Ranipet to conclude E.P.No.99/2021 arising from O.S.No.240/2018 by end of March 2026; execution petition pending over four years since 2021 with no listing hearing despite notice to judgment debtor; reliance on Supreme Court six-month directive in Periyammal (Dead) through LRs & Others vs V.Rajamani and Another, 2025 INSC 329; notice to respondents dispensed with; Civil Revision Petition allowed, no costs; advocate for petitioner Mr.M.Elumalai.

What did the court decide?

Civil Revision Petition allowed with no costs; Subordinate Court, Ranipet directed to dispose of E.P.No.99/2021 by end of March 2026 in accordance with law, notice to respondents having been dispensed with. ¶26

M.Krishnaveni Vs a.Elango — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in exercise of supervisory jurisdiction under Article 227 of the Constitution of India, the Court should direct the Subordinate Court, Ranipet to take up and conclude the execution proceedings in E.P.No.99/2021 in O.S.No.240/2018, pending for more than four years with no progress, within a time limit fixed by the Court.

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Court's answer

The Civil Revision Petition is allowed and the Subordinate Court, Ranipet is directed to dispose of E.P.No.99/2021 by end of March 2026 in accordance with law.

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Ratio / Principle

Notice to the respondents is dispensed with, since the relief sought for in the revision petition is limited in nature.

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Detailed headnote1 paragraphs

High Court of Judicature at Madras (Hon'ble Mr. Justice P.B. Balaji), C.R.P.No.6153 of 2025 filed under Article 227 of the Constitution of India, decided 01.12.2025. The revision petitioner, plaintiff in O.S.No.240/2018 (a suit for decree of declaration and recovery of possession in which she was unsuccessful) and the decree-holder who filed E.P.No.99/2021 on the file of the Subordinate Court, Ranipet, complained that the execution petition, filed in 2021 and pending for more than four years despite notice served on the judgment debtor, showed no progress and no listing hearing till date. Relying on the recent decision of the Hon'ble Supreme Court in Periyammal (Dead) through LRs & Others vs V.Rajamani and Another, 2025 INSC 329, wherein executing courts were directed to dispose of all pending execution petitions within six months and made answerable to the High Court concerned on the administrative side, the Court dispensed with notice to the respondents (the relief sought being limited in nature) and allowed the Civil Revision Petition, directing the Subordinate Court, Ranipet to dispose of E.P.No.99/2021 by end of March 2026 in accordance with law. No costs.

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CRP No.6153 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 01.12.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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C.R.P.No.6153 of 2025

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M.Krishnaveni ... Petitioner Vs. A.Elango ... Respondent

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Civil Revision Petition filed under Article 227 of the Constitution of India, may be pleased to issue appropriate direction to the Subordinate Court, Ranipet to take up EP No.99/2021 in OS No.240/2018 and to complete and conclude the execution proceedings in EP No.99/2021 within a specified time limit that may be fixed by this Hon’ble Court.

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For Petitioner : Mr.M.Elumalai

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ORDER

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1/4

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

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CRP No.6153 of 2025

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The revision petitioner is the plaintiff in O.S.No.240/2018. The plaintiff

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was unsuccessful in a suit filed for decree of declaration and for recovery of possession. To execute the decree the petitioner has also filed EP No.99/2021 which is pending on the file of the Subordinate Court, Ranipet.

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The grievance of the petitioner is that the said execution petition has

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been pending for more than four years as there is no progress in the execution proceedings. The learned counsel for the petitioner also relies on the recent decision of the Hon'ble Supreme Court in Periyammal (Dead) through LRs & Others vs

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V.Rajamani and Another reported in 2025 INSC 329 where, the Hon’ble Supreme Court has given directions to the executing courts to dispose of all pending execution petitions within a period of six months without fail and making them answerable to the High Court concerned on the administrative side. Admittedly, the present execution petition has been filed even in the year 2021, despite served notice on the judgment debtor. It appears from the e-courts site, there is no list hearing till date.

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