Madras High Court
CRP/6198/2026 of Govindammal Vs Rajagopal on 26 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6198 of 2026 and
CMP No.26815 of 2026
CNR: {HCMA012238522026}
1. Govindammal
residing at Pallathur Village,
Unai Madura, Anaicut Taluk,
Vellore District.
2. Krishnan
residing at Pallathur Village,
Unai Madura, Anaicut Taluk,
Vellore District.
..Petitioner(s)
Vs
1. Rajagopal
residing at Pallathur Village,
Unai Madura, Anaicut Taluk,
Vellore District.
2. Kasthuri
residing at Pallathur Village,
Unai Madura, Anaicut Taluk,
Vellore District.
3. Jayaraman, Puliamarathu Street,
Periya Unai Village,
Annaicut Taluk, Vellore District.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Section 115 of CPC seeking direction to the Principal District Munsif Court, Vellore to consider and pass orders in the Applications filed by the petitioner in unnumbered E.ANo. 2026
in E.P.No.16 of 2026 pending on the file of the Principal Munsif court, Vellore.
For Petitioner(s):
Ms. J.B.Abithabanu
For Respondent(s):
Mr. A.Gouthaman for R1 and R2
No appearance for R3
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ORDER
This Civil Revision Petition has been filed seeking a direction to the Executing Court to consider the applications filed by the petitioners in unnumbered E.A. of 2026 in E.P.No.16 of 2026 and to pass orders in accordance with law.
2. The learned counsel for the petitioners/defendants 1 and 2 submits that the respondents 1 and 2 herein/plaintiffs obtained a decree, dated 01.12.2025 against the petitioners, wherein, a mandatory injunction was granted in favour of the plaintiffs, directing the petitioners/defendants to remove the obstruction put up in the suit B Schedule property, within a period of two months. The said decree has been put into execution in E.P.No.16 of 2026 by the plaintiffs. According to the petitioners, since the execution petition was filed within two months, even without notice to the petitioners/ judgment debtors, the executing court has allowed the said execution petition. It is stated by the learned counsel for the petitioners that the decree passed by the Trial Court in O.S.No.203 of 2014 has been challenged by the petitioners in the first appeal in A.S.Sr No.1184 of 2026, however, with a delay of two days. It is also stated by her that in the condone delay petition, arguments were already heard and the matter is posted for orders on 04.11.2026 by the first appellate court.
3. In the meantime, the petitioners/defendants 1 and 2 said to have filed two applications, viz., one is to set aside the exparte order passed against the petitioners in the execution petition and the another is to stay the execution proceedings under Order XXI Rule 26 of CPC. The Executing Court had returned both the applications and directed delivery of the property. Therefore, the petitioners have filed the present civil revision petition seeking direction to the Executing Court to consider the applications filed by the petitioner in unnumbered E.A. of 2026 in E.P.No.16 of 2026.
4. In the Memorandum of Grounds of this civil revision petition, the petitioners have not mentioned the filing numbers of the Execution Applications filed in E.P.No.16 of 2026. When this court has put a specific question to the learned counsel for the petitioners about the non mentioning of the filing numbers of the Execution Applications, it was submitted by the learned counsel for the petitioners that the said applications were presented before the Executing Court, when the Execution Petition was taken up for hearing and therefore, the filing numbers are not available.
5. Now, the Executions Applications presented by the petitioners before the Executing Court were stated to be returned, without assigning any filing numbers. Therefore, the petitioners are directed to present the papers with regard to the said Execution Applications on before 30.10.2026 before the Additional District Munsif, Vellore. If the papers are presented by the petitioners within the stipulated time, the concerned court shall consider the same and deal with it in accordance with law.
6. With these clarifications, this civil revision petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. The Executing Court is directed to keep the order for delivery passed in E.P.No.16 of 2026, dated 16.07.2026 in abeyance, till 06.11.2026. 26-10-2026 Note: Order copy to be uploaded on or before 27.10.2026. Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Additional District Munsif, Vellore.
S.SOUNTHAR, J. MST CRP No. 6198 of 2026 26-10-2026