Madras High Court
CRP/5486/2026 of J.Selvaraj Vs Ameen Ahamed on 9 October 2026
CRP No. 5486 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 5486 of 2026
and CMP No.23715 of 2026
CNR: {HCMA012060482026}
J.Selvaraj
S/o. Jayaraman,
No.26/42,
Muniram Pandian Street,
Old Washermenpet,
Chennai 600 021.
..Petitioner
Vs
Ameen Ahamed
No.29,
3rd Street,
New Colony,
Thangal,
Thiruvotriyur,
Chennai 600 019.
..Respondent
Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair and decreetal order dated 14.08.2026
passed in E.A. No.2 of 2026 in E.P. No.1777 of 2024 in O.S. No.5941 of 2022
pending on the file of the XXV Assistant City Civil Court at Chennai.
For Petitioner :
Mr.V.Chanakya
For Respondent :
Mr.A.Mazar
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CRP No. 5486 of 2026
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ORDER
This Civil Revision Petition is filed challenging the order passed by the Executing Court dismissing the application filed by the petitioner seeking stay of further proceedings in Execution Petition pending disposal of the First Appeal filed by the petitioner.
2. The respondent herein obtained a money decree against the petitioner. The said decree has been put into execution by the respondent in E.P.No.1777 of 2024. The petitioner filed the instant petition seeking stay of execution mainly on the ground that he already filed an appeal before the First Appellate Court challenging the decree and due to absence of Presiding Officer, the appeal has not been taken up for hearing. The Executing Court dismissed the said stay application on the ground that the petitioner has to get the order of stay from the First Appellate Court. Aggrieved by the said order, the petitioner has come before this Court.
3. The learned counsel appearing for the petitioner would submit there is no Presiding Officer in the First Appellate Court and therefore, the petitioner is not in a position to workout his remedy for interim order before the First Appellate Court.
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CRP No. 5486 of 2026
4. The learned counsel for the respondent would submit that the appeal filed by the petitioner in A.S.No.328 of 2024 was already dismissed for default on 06.08.2025 and the petitioner filed an application in I.A.No.3 of 2026 seeking restoration of the appeal and the same is pending. Since, as on today, no appeal is pending, the petitioner is not entitled to seek stay of further proceedings on the ground that the appeal filed by him is pending disposal.
5. Order 21 Rule 26 of Code of Civil Procedure can be invoked only for the limited purpose to enable the judgment debtor to get stay from the Appellate Court. In the case on hand, the petitioner already filed an appeal as early as in the year 2024 and till date he has not obtained any order of stay. It is also stated that the appeal filed by the petitioner was already dismissed for default and restoration application is pending. In such circumstances, the request made by the petitioner seeking stay of further proceedings in Execution Petition cannot be entertained. The Executing Court rightly dismissed the application filed by the petitioner. I do not find any error in the impugned order. However, it is brought to the notice of this Court by the learned counsel for the petitioner there is no Presiding Officer in the III Additional City Civil Court, Chennai.
6. As on today, the appeal is not pending before the Court where the petition filed by the petitioner seeking restoration of appeal is pending. In the peculiar circumstances of the case that the appeal filed by the petitioner is
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CRP No. 5486 of 2026
already dismissed for default and restoration application is pending and the same has not been taken up for hearing due to the non-availability of the Presiding Officer, this Court is inclined to direct the Judicial Officer in-charge of the said Court to take up I.A.No.3 of 2026 in A.S.No.328 of 2024 and dispose it of on its own merits within a period of six weeks from today. In the light of the peculiar circumstances narrated above, this Court is inclined to stay the further proceedings in the Execution Petition for a period of six weeks from today on condition the petitioner shall deposit 25% of the decree amount together with interest to the file of E.P.No.1777 of 2024 on the file of XXV Assistant City Civil Court, Chennai on or before 02.11.2026. In case, the petitioner failed to comply with the condition, the benefit of the stay order granted by this Court will not enure him and the respondent is entitled to proceed with the execution of the decree.
7. With these clarifications and directions, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BKN
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CRP No. 5486 of 2026
To:
1. XXV Assistant City Civil Judge, Chennai.
2. III Additional City Civil Judge, Chennai.
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CRP No. 5486 of 2026
S.SOUNTHAR, J. BKN CRP No. 5486 of 2026 09-10-2026
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