Disposed¶33

Santhi v. Pazhanivelu

Madras HC19 Feb 2026CRP/5113/2025

Case brief

AI extract

What is this about?

Madras High Court; CRP.No.5113 of 2025 & CMP.No.25755 of 2025; decided 19.02.2026; P.B. Balaji J.; Civil Revision Petition under Section 115 CPC; challenge to order in E.A.No.2 of 2021 in E.P.No.181 of 1998; Special Officer cum Additional Sub-Judge, Pondicherry; execution proceedings; delivery of possession of portion earmarked ‘ABCD’; Court Ameen delivery to decree holder; R14 Radhakrishnan removed belongings voluntarily; compliance recorded; petition closed without adjudication; no order as to costs; connected CMP closed.

What did the court decide?

None on the merits: the Civil Revision Petition was closed (not allowed or dismissed on the prayer to set aside the E.A. order) after compliance with the Court's earlier directions was recorded; no order as to costs; connected Civil Miscellaneous Petition also closed. ¶33

Santhi Vs Pazhanivelu — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the order and decreetal order in E.A.No.2 of 2021 in E.P.No.181 of 1998 dated 10.10.2025 should be set aside, as sought in the Civil Revision Petition filed under Section 115 CPC. +1 more

¶26

Court's answer

The Court recorded that compliance with the directions issued in CRP.No.5113 of 2025 stands effected: the Court Ameen delivered the portion earmarked ‘ABCD’ to the decree holder, and Mr.Radhakrishnan (R14), after initial protest, voluntarily removed his belongings from the schedule mentioned property.

¶31

Ratio / Principle

On the compliance being recorded, the Court closed the Civil Revision Petition with no order as to costs, and also closed the connected Civil Miscellaneous Petition; the prayer to set aside the impugned E.A. order was not adjudicated on merits.

¶33

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji J., sole judge) – CRP.No.5113 of 2025 & CMP.No.25755 of 2025, decided 19.02.2026: A Civil Revision Petition under Section 115 CPC filed by Santhi, Radhakrishnan, Sasikala and Sathish to set aside the order and decreetal order passed in E.A.No.2 of 2021 in E.P.No.181 of 1998 by the Special Officer cum Additional Sub-Judge, Pondicherry dated 10.10.2025 was closed without merits-based adjudication. Pursuant to the Court's order dated 25.10.2025, the Chief Judge, Puducherry (No.354/PDJ/J5/2026 dated 11.02.2026) enclosed a Special Officer (FAC) report (No.131/JUD/SO-CUM-ASJ/2026 dated 06.02.2026) recording that, in compliance with the directions issued in the CRP, the Court Ameen had delivered the portion earmarked ‘ABCD’ to the decree holder and Mr.Radhakrishnan (R14), after initial protest, voluntarily removed his belongings from the schedule mentioned property. The Court recorded the compliance, closed the Civil Revision Petition with no order as to costs, and closed the connected Civil Miscellaneous Petition.

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 19.02.2026

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE P.B. BALAJI

¶5

CRP.No.5113 of 2025 &CMP.No.25755 of 2025

¶6

1.Santhi

¶7

2.Radhakrishnan

¶8

3.Sasikala

4.Sathish

Petitioner(s)

1.Pazhanivelu Govindammal (Died) Lourdusamy (Died) 2.Franceica Marie 3.Chinnathambie

¶13

4.Raj @ Pushparaj 5.Yesu @ Puhazhendi 6.Sankar @ Antonisamy 7.Arul Prakasa Marie

¶14

8.Amalorpava Marie

¶15

9.Sekar

¶16

10.Kanagavalli

¶17

11.Diraikannou

¶18

12.Elizabeth Marie

¶19

13.Josephine 14.Steephen Arokiyaraj

¶20

Respondent(s)

¶21

Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the order and decreetal order passed in E.A.No.2 of 2021 in E.P.No.181 of 1998 on the file of the Special Officer cum Additional Sub-Judge, Pondicherry dated 10.10.2025.

¶22

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

¶23

For Petitioner(s): Mr.M.Jayakumar

¶24

For Respondent(s): Mr.V.V.Sairam

¶25

ORDER

¶26

This Civil Revision Petition has been filed to set aside the order and decreetal

¶27

order passed in E.A.No.2 of 2021 in E.P.No.181 of 1998 on the file of the Special Officer cum Additional Sub-Judge, Pondicherry dated 10.10.2025.

¶28

2.I have heard Mr.M.Jayakumar, learned counsel for the petitioners and Mr.V.V.Sairam, learned counsel for the respondents.

¶29

3.Pursuant to the order dated 25.10.2025, the learned Chief Judge, Puducherry, in No.354/PDJ/J5/2026 dated 11.02.2026, has enclosed the report of the Special Officer (FAC), Judicial Department, Puducherry.

¶30

4.I have gone through the said report in No.131/JUD/SO-CUM-ASJ/2026

¶31

dated 06.02.2026, addressed to the Registrar of this Court. In compliance with the directions issued by this Court in CRP.No.5113 of 2025, it is seen that the Court Ameen has delivered the portion earmarked as ‘ABCD’ to the decree holder and Mr.Radhakrishnan, (R14) came forward, after initial protest and voluntarily removed his belongings from the schedule mentioned property. In view of the above, the compliance is recorded.

¶32

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

¶33

5.In fine, the Civil Revision Petition is closed. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

19.02.2026

ata

The Special Officer cum Additional Sub-Judge, Pondicherry.

¶38