Madras High Court
CRP(MD)/2804/2026 of Sahul Hameed Vs S. Pangajathammal on 15 October 2026
CRP(MD) No. 2804 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2804 of 2026
CNR:{HCMD011457732026}
AND
CMP(MD) No. 14368 of 2026
1. Sahul Hameed,
Panchayat Board Street,
Koomapatti,
Vattrap Taluk,
Virudhunagar District.
2. Appas,
Panchayat Board Street,
Koomapatti,
Vattrap Taluk,
Virudhunagar District.
3. Sukkur,
S/o. Late. Sulthan Rowther,
Panachayat Board Street,
Koomapatti,
Vattrap Taluk,
Virudhunagar District
4. Ameer,
S/o. Sukkur,
Panchayat Board Street
Koomapatti,
Vattrap Taluk,
Virudhunagar District.
..Petitioner(s)
Vs
1. S. Pangajathammal,
Koomapatti Post,
Aranmanai,
S. Kodikulam,
CRP(MD) No. 2804 of 2026
Vattrap Taluk,
Virudhunagar District.
2. K.Lakshmi Narasimman,
Koomapatti Post,
Aranmanai,
S. Kodikulam,
Vattrap Taluk,
Virudhunagar District.
K.karunakaran
S/o. Navaraja@ Kamaraja Pandian
Koomapatti Post
Aranmanai
S. Kodikulam
Vattrap Taluk
Virudhunagar District
3. K. Karunakaran,
Koomapatti Post,
Aranmanai,
S. Kodikulam,
Vattrap Taluk,
Virudhunagar District.
4. K. Bala Muthiah,
Koomapatti Post,
Aranmanai,
S. Kodikulam,
Vattrap Taluk,
Virudhunagar District.
5. D. Keasavan,
Door No.35, UI Street
Virudhunagar District.
..Respondent(s)
PRAYER: J-36. Civil Revision Petition filed under Article 227 of The Constitution of India to allow the Civil Revision Petition and set aside the Fair and Decretal order dated 11.11.2025 made in I.A. No. 1 of 2024 in A.S.No. 13 of 2024 on the file of Subordinate Court, Srivilliputtur for
CRP(MD) No. 2804 of 2026
granting Interim Stay of the Decree dated 21.12.2023 made in O.S.No.149 of 2016 on the file of District Munsif cum Judicial Magistrate Court No. 1, Srivilliputtur pending disposal of A.S.No. 13 of 2024 on the file of Subordinate Court, Srivilliputtur and thus render justice.
For Petitioner(s):
M/s H.Jasima Yasmin
M/s M/s. Ajmal Associates
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ORDER
This petition is filed against the against the order dated 11.11.2025 passed in IA.No.1 of 2024 in A.S.No.13 of 2024 by the learned Subordinate Judge, Srivilliputtur.
2. The respondents herein, as plaintiffs, instituted a suit seeking the relief of permanent injunction and declaration or, in the alternative, recovery of possession. The Trial Court, upon consideration of the pleadings and evidence, decreed the suit insofar as the relief of recovery of possession was concerned. Aggrieved by the same, the defendants, who are the petitioners herein, have preferred the present appeal challenging the judgment and decree passed by the Trial Court.
3. The petitioners/defendants contended that, in the meantime, the respondents/plaintiffs had initiated execution proceedings in E.P. No. 06 of 2024, seeking delivery of possession of the suit property. Hence, the petitioners filed I.A. No. 1 of 2024 before the Appellate Court, seeking to
CRP(MD) No. 2804 of 2026 stay the execution proceedings pending disposal of the appeal. However, the Appellate Court dismissed the said application on the ground that the appeal had already been pending for nearly one year and that granting a stay would result in further delay in its disposal.
4. The petitioners/defendants now submit that they are ready and willing to conclude their arguments in the appeal within a time frame to be fixed by this Court. In the meantime, the learned counsel for the petitioners seeks an order of status quo to protect their interests, contending that, in the event of delivery of possession pursuant to the decree, they would be put to serious hardship, particularly when the appeal challenging the decree for recovery of possession is still pending consideration.
5. Heard the learned counsel for the petitioner.
6. The petitioners/defendants have undertaken to conclude their arguments before the First Appellate Court within the time frame to be fixed by this Court. Considering the said undertaking and the fact that the appeal has already been pending for nearly one year, this Court is of the view that the ends of justice would be met by directing the First Appellate Court to expedite the disposal of the appeal. Accordingly, the First Appellate Court is directed to hear the arguments of both sides and
CRP(MD) No. 2804 of 2026 dispose of the appeal on merits, in accordance with law, within a period of three months from the date of receipt of a copy of this order, without granting unnecessary adjournments. In the meantime, the Executing Court is directed to maintain status quo as on today in the execution proceedings until the disposal of the appeal by the First Appellate Court.
7. With the above observation, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NS To
1. The Subordinate Court, Srivilliputtur.
2. The District Munsif cum Judicial Magistrate Court No. 1, Srivilliputtur.
3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Note:Issue order copy on 15.10.2026
CRP(MD) No. 2804 of 2026 R.POORNIMA, J. NS CRP(MD) No. 2804 of 2026 AND CMP(MD) No. 14368 of 2026 15-10-2026