Madras High Court
CRP/6692/2026 of Periyasamy Vs Sivakumar on 16 October 2026
CRP No. 6692 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6692 of 2026
CMP No. 28814 of 2026
CNR: {HCMA011772982026}
Periyasamy
S/o. late. Chinnappa Goundar,
Anna Nagar, Kolakattupduhur,
S. Vengakarai Village,
Paramathy Velur Taluk,
Namakkal District.
..Petitioner(s)
Vs
1. Sivakumar
S/o. C. Murugesan,
Kallipalayam,
S. Vengakarai Village,
Paramathy Velur Taluk,
Namakkal District.
Ramayee (Since deceased)
2. Shanthi
W/o. Periyasamy,
Anna Nagar,
Kolakattupudhur,
S. Vengakarai Village,
Paramathy Velur Taluk,
Namakkal Dt.
Subramaniam (Since Deceased)
3. Perumayee
W/o. Velappan,
Periyamarudhur,
S. Kunnathur Village,
Paramathy Velur Taluk,
Namakkal Dt.
..Respondent(s)
CRP No. 6692 of 2026
PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to allow the CRP by setting aside the fair order and decreetal order passed on 27.04.2026 made in EA No.5 of 2026 in EP No.16 of 2022 in OS
No.7 of 2018 on the file of the Hon’ble Sub-Court, Paramathy, Namakkal District.
For Petitioner(s):
Mr. M.Saravanakumar
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ORDER
The Civil Revision Petition has been filed challenging the order passed by the Executing Court, dismissing the application filed by the petitioner seeking reduction of the upset price.
2. The petitioner herein obtained a decree against the respondents for recovery of a sum of Rs.1,01,615.87/-. Since the decree amount has not been paid by the judgment debtor, the petitioner filed an Execution Petition in E.P.No.16 of 2022, seeking recovery of the amount by attachment and sale of the property described in the execution petition. Originally, the executing Court had fixed the upset price at Rs.13,00,000/- and proceeded to conduct a Court auction. Since there were no takers for the property, the petitioner filed the instant application seeking reduction of the upset price from Rs.13,00,000/- to Rs.5,00,000/-. By the impugned order, the Executing Court reduced the upset price from Rs.13,00,000/- to Rs.11,00,000/-. Aggrieved by the same, the petitioner has come before this Court.
CRP No. 6692 of 2026
3. The learned counsel appearing for the petitioner would submit that the upset price fixed by the Executing Court was very high and, hence, there were no takers for the property during the first auction sale conducted by the executing court. Therefore, the petitioner seeks reduction of the upset price from Rs.13,00,000/- to Rs.5,00,000/-. In the affidavit filed in support of the present application, the petitioner has not mentioned on what basis he wants to fix the upset price as Rs.5,00,000/-. The executing court. taking into consideration that there were no takers for the property when the upset price was fixed at Rs.13,00,000/-, decided to reduce the upset price by 15% and fixed at Rs.11,00,000/-. The petitioner has not given any reason for reduction of the upset price by more than 50%. The Executing Court has rightly reduced it by 15% and fixed the upset price as Rs.11,00,000/-. I do not find any error in the impugned order passed by the Executing Court.
4. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected Civil Miscellaneous Petition is closed. No costs. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rya/mst To:- The Sub-Court, Paramathy, Namakkal.
CRP No. 6692 of 2026
S.SOUNTHAR, J. rya/mst CRP No. 6692 of 2026 CMP No. 28814 of 2026 16-10-2026