Madras High Court

CRP/6657/2026 of Fathima Vs Board of Trustee on 16 October 2026

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CRP No. 6657 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 6657 of 2026 and

CMP No.28640 of 2026

CNR: {HCMA012411422026}

Fathima, W/o Khader Basha,

D/o Zeenath Bee, Residing at 65/30,

Kolakaranpet, 1st Lane,

Royapettah, Chennai - 600 014

..Petitioner(s)

Vs

Board of Trustee

P.T. Lee Chengalvaraya Naicker Trust,

Rep.by its Secretary,

No.2-3, VK Sampath Salai,

Vepery, Chennai- 600 007.

..Respondent(s)

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the return order dated 08.09.2026 in EA(SR) No.67625 of 2026 in EP.No.518 of 2024 by condone the delay of 536 days to set aside the exparte order in EP.No.518 of 2024 dated 13.03.3025 and order the same to be numbered, pending on the file of XXVII Assistant City Civil Court, Chennai by allowing this Civil Revision Petition.

For Petitioner(s):

Mr. Mohamed Ashik B

__________

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CRP No. 6657 of 2026

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ORDER

This Civil Revision Petition has been filed challenging the order of return passed by the Executing Court, returning the application filed by the petitioner seeking to condone the delay of 536 days to set aside the exparte order passed against him in E.P.No.518 of 2024 on 13.03.2025.

2. The e-Court status of the execution petition has been produced before this court. A perusal of the same would indicate that delivery has been ordered in the execution petition on 05.08.2026 and police protection was also granted. Now, the matter has been posted for delivery by 10.11.2026. Once final order for delivery is passed in the execution petition, the petitioner is not entitled to challenge the earlier order setting him exparte. The petitioner has to challenge only the final order passed in the execution petition, ordering delivery and even, that can be done only within 30 days from the date of passing final order. In the case on hand, delivery order has been passed on 05.08.2026 and the 30 days period for challenging the said order is also over. After missing the bus to challenge the final order, the petitioner now filed the instant application before the Executing Court to set aside the earlier exparte order passed against him. The said application was rightly returned by the Executing Court. Therefore, the present civil revision petition filed by the petitioner is not maintainable, after passing of final order in the execution petition and hence, this court is not inclined to entertain this civil revision petition. __________

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CRP No. 6657 of 2026

3. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The XXVII Assistant Judge, City Civil Court, Chennai. __________

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CRP No. 6657 of 2026 S.SOUNTHAR, J. MST CRP No. 6657 of 2026 16-10-2026 __________

( Uploaded on: 26/10/2026 12:55:19 pm )

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