This revision petition challenged the dismissal of an application to transfer an execution petition for joint trial with an original partition suit. The court held that execution proceedings cannot be tagged with original suits and allowed no transfer.
Transfer of execution petition to the Principal District Court for joint trial with the original suit was denied.
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. 2938 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-02-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 2938 of 2025 and
CMP No.16567 of 2025
W/o. Karuppusamy, No.2479 LIG II, TNUDP Colony, Gandhi Maa Nagar Peelamedu, Coimbatore - 104.
..Petitioner(s)
Vs
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CRP No. 2938 of 2025
..Respondent(s)
PRAYER : The Civil Revision Petition is filed under Article 226 of the Constitution of India to allow the CRP by setting aside the fair and final order dated 27.01.2025 in Tr.O.P.No.298 of 2023 passed by the Principal District Judge, Coimbatore, and consequently withdraw EP No.6 of 2017 in OS No.320 of 1991 from the file of the District Munsif, Sulur and transfer the same to the file of the III Additional District Judge, Coimbatore for joint disposal along with OS No.901 of 2022.
For Petitioner(s): Mr. D.R.Arun Kumar For Respondent(s): Mr. N.Manokaran
ORDER
This civil revision petition has been filed challenging the order passed by
the Trial court, dismissing the application filed by the petitioners seeking transfer of execution petition filed by the first respondent for trial along with O.S.No.901 of 2022.
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CRP No. 2938 of 2025
2022 for partition against the first respondent and others on the file of Principal District Court, Coimbatore. In the said suit, the petitioners also sought for a declaration that the preliminary decree obtained by the first respondent in O.S.No.320 of 1991 on the file of III Additional Sub Court, Coimbatore was null and void and also sought for a declaration that the final decree dated 13.09.2004 obtained by the first respondent in I.A.No.1166 of 2004 on the file of Principal District Munsif Court, Coimbatore was null and void. According to the petitioners, the first respondent obtained a decree for partition without impleading the petitioners’ mother Subbathal, who has got share in the suit property.
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CRP No. 2938 of 2025
joint trial along with O.S.No.901 of 2022 filed by them. Merely because the properties involved in both the suits are one and the same, it can not be tried together, as the issues involved in the suit are beyond the scope of points to be decided in the execution proceedings. As far as the execution proceedings are concerned, the court is only concerned with the executability of the decree, whereas, the substantial rights of the parties have to be decided in the suit. Further, if it is the case of the petitioners that the decree obtained by the first defendant was null and void, the petitioners have got remedies available under Order 21 of CPC which can be raised in the execution proceedings itself. Further, the petitioners are also entitled to seek appropriate interim order in the present suit in O.S.No.901 of 2022. The Trial Court rightly dismissed the transfer application by observing that the execution petition cannot be tagged with the original suit. I do not find any illegality of irregularity in the order passed by the Trial Court.
order as to costs. Connected miscellaneous petition is closed.
23-02-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
MST
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CRP No. 2938 of 2025
To
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CRP No. 2938 of 2025
S.SOUNTHAR, J.
MST
CRP No. 2938 of 2025
23-02-2026
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2 issues framed by the court
Whether an execution petition can be transferred for joint trial with an original suit filed for partition.
Whether issues regarding nullity of decrees can be decided in execution proceedings.
Subashini
Pavitradevi
Dhanapriya
K. Velusamy
K. Dhamodaran
K. Selvaraj
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
