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P.K.Balasubramanian v. M.Dhanakodi

Madras HC17 Feb 2026CRP/797/2026

Case brief

AI extract

What is this about?

C.R.P.No.797 of 2026, Madras High Court, P.B. Balaji, J., decided 17.02.2026. Execution-petition delay; Article 227 direction for early disposal; E.P.No.42 of 2018 in O.S.No.127 of 2017 before Principal District Court, Dharmapuri; decree based on compromise memo; earlier third-party C.R.P.Nos.884, 904, 896 of 2023 dismissed 28.03.2023 with three-month direction; Rahul S. Shah Vs. Jinendra Kumar Gandhi, (2021) 6 SCC 418 six-month guideline for execution petitions relied on; notice dispensed with; disposal directed on or before 30.04.2026.

What did the court decide?

Direction to the Principal District Court, Dharmapuri to expedite the hearing in E.P.No.42 of 2018 in O.S.No.127 of 2017 and dispose of the same on merits and in accordance with law on or before 30.04.2026; notice to respondents dispensed with; no costs. ¶33

P.K.Balasubramanian Vs M.Dhanakodi — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Principal District Court, Dharmapuri should be directed to dispose of E.P.No.42 of 2018 (execution petition in O.S.No.127 of 2017) at an early date.

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Court's answer

The Civil Revision Petition is allowed; the Principal District Court, Dharmapuri is directed to expedite the hearing in E.P.No.42 of 2018 in O.S.No.127 of 2017 and dispose of the same on merits and in accordance with law on or before 30.04.2026, with no costs.

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Ratio / Principle

Notice to the respondents is dispensed with, since the relief sought is limited and no serious prejudice would be caused to the respondents by the proposed order.

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Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution of India — decree holders in O.S.No.127 of 2017 sought a direction for early disposal of execution petition E.P.No.42 of 2018 (decree founded on a compromise memo), pending before the Principal District Court, Dharmapuri since 2018 — earlier third-party C.R.P.Nos.884, 904 and 896 of 2023 (arising out of E.A.Nos.16, 17 and 18 of 2020) had been dismissed on 28.03.2023 with a direction to dispose of the execution applications within three months, yet the main execution petition remained undisposed — relying on the Supreme Court's directions in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others, (2021) 6 SCC 418, that Executing Courts dispose of pending execution petitions as far as possible within six months, and observing that no serious prejudice would be caused to the respondents, notice was dispensed with — Held, revision allowed; Principal District Court, Dharmapuri directed to expedite the hearing and dispose of E.P.No.42 of 2018 on merits and in accordance with law on or before 30.04.2026; no costs (P.B. Balaji, J.).

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C.R.P.No.797 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 17.02.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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C.R.P.No.797 of 2026

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P.K.Balasubramanian

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Deepa Deva Priya ... Petitioners

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Vs.

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M.Dhanakodi

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S.Lakshmi

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M.D.Thirunavukkarasu

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D.Murugan

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M.D.Thennarasu

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M/s.Sri Lakshmi Gold Coconut Oil Industries, Represented by 1. M.Dhanakodi,

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S.Lakshmi, 3. M.D.Thirunavukkarasu, 4.D.Murugan and 5.M.D.Thennarasu, having office at 2/173, Mudalaipatti, Kethanahalli Post, Palacode Taluk, Dharmapuri District – 636 808. ... Respondents

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Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal District Court, Dharmapuri, to dispose of E.P.No.42 of 2018 at such early date as may be directed by this Court.

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1/5

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

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C.R.P.No.797 of 2026

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For Petitioners : Mr.T.Saikrishnan

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O R D E R

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This Civil Revision Petition has been filed seeking a direction to the Principal District Court, Dharmapuri, to dispose of E.P.No.42 of 2018 at an early date, as may be fixed by this Court.

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2.Heard the learned counsel for the petitioners and perused the materials available on record.

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3.The revision petitioners are the decree holders in O.S.No.127 of 2017 and have filed E.P.No.42 of 2018 for execution of the decree. The said execution petition is pending on the file of the District Court, Dharmapuri. Further, some of the third parties had earlier approached this Court by filing C.R.P.Nos.884, 904 and 896 of 2023, arising out of E.A.Nos.16, 17 and 18 of 2020, filed in the said execution petition. Those Civil Revision Petitions were dismissed by this Court on 28.03.2023 with a further direction to the Executing Court to dispose of the execution

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2/5

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

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C.R.P.No.797 of 2026 applications filed by the third parties/revision petitioners within a period of three months.

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4.Though the above order was passed as early as on 28.03.2023, and subsequently the concerned revision petitioners were also withdrawn by the respective execution applicants, the main execution petition is still pending and has not been disposed of. The present petition has been filed seeking a limited relief for early disposal of the execution petition.

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5.The Hon’ble Supreme Court in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others, reported in (2021) 6 SCC 418, has also issued specific directions to all Executing Courts to dispose of pending execution petitions, as far as possible, within a period of six months. Despite the earlier directions of this Court, the execution petition has been kept pending for over several years. The execution petition itself was filed in the year 2018 for executing a decree passed on the basis of a compromise memo. In view of the limited relief sought for in this revision petition and as no serious prejudice would be caused to the respondents, by the order proposed to be passed, this Court is inclined to dispense with notice to the respondents. 3/5

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

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C.R.P.No.797 of 2026

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6.In the light of the above, this Civil Revision Petition is allowed

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with a direction to the Principal District Court, Dharmapuri, to expedite the hearing in E.P.No.42 of 2018 in O.S.No.127 of 2017 and dispose of the same, on merits and in accordance with law, on or before 30.04.2026. No costs.

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17.02.2026

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Index : Yes/No Neutral Citation : Yes/No Speaking/Non-Speaking Order kv

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The Principal District Court, Dharmapuri.

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4/5

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

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