Madras High Court
CRP/6544/2026 of Ayyanar Trust Vs B. Appasamy (Died) 1. Pichaiyammal on 9 October 2026
CRP No. 6544 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6544 of 2026
and
CMP.No.28211 of 2026
CNR: {HCMA012390172026}
1. Ayyanar Trust
Represented by its Trustee,
Mrs.Vasanthalakshmi,
Sri Ananda Nilayam,
Old door no.750-752,
New Door no.689,
Periya Kadai Veethi,
Coimbatore.
2. Vasanthalakshmi
Daughter of Srinivasan,
Trustee of Ayyanar Trust,
Sri Ananda Nilayam,
Old door no.750-752,
New Door no.689,
Periya Kadai Veethi,
Coimbatore
..Petitioners
Vs
B. Appasamy (Died)
1. Pichaiyammal
Wife of late Appasamy,
103, Karuppa Gounder Street,
Coimbatore.
2. Sree Dhandapani
Son of late Appasamy,
103, Karuppa Gounder Street,
Coimbatore.
3. Sankaranarayanan
CRP No. 6544 of 2026
Son of late Appasamy,
103, Karuppa Gounder Street,
Coimbatore.
4. Balanandhakumar
Son of late Appasamy,
103, Karuppa Gounder Street,
Coimbatore.
5. Nagaraj
Son of late Appasamy,
103, Karuppa Gounder Street,
Coimbatore.
6. Sriayyammal
Son of late Appasamy,
103, Karuppa Gounder Street,
Coimbatore.
..Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India, praying to allow the present Civil Revision Petition by directing the Hon’ble II Additional Subordinate Court, Coimbatore, to dispose of the E.A.No.17 of 2026 in EP.No.651 of 2017 in O.S.No.267 of 2005 within a fixed time.
For Petitioners :
Mr.M.Selvam
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ORDER
The Civil Revision Petition is filed seeking a direction to the Executing Court to dispose of the petition filed by the petitioners under Order XXI Rule 97 of the Code of Civil Procedure in E.A.No.17 of 2026. Since no adverse order is going to be passed against the respondents, notice to them is dispensed with.
CRP No. 6544 of 2026
2. The predecessor-in-interest of the respondents, namely, Appasamy, filed a suit for partition against one Chinna Ayyanar @ B.Ayyadurai and others. The preliminary decree was passed by the trial Court and the same was confirmed by this Court in the Second Appeal. Thereafter, a final decree was passed on the application filed by the said Appasamy in I.A.No.560 of 2012 in O.S.No.267 of 2005 on 03.01.2017.
3. Pursuant to the said final decree, the respondents filed E.P.No.651 of 2017 to take delivery of the property allotted to them. In the said Execution Petition, the petitioners filed an Obstruction application under Order XXI Rule 97 of the CPC in E.A.No.17 of 2026. It is seen from the e-Court status produced before this Court that the application filed by the petitioners was taken up for hearing on 25.09.2026 and adjourned to 09.10.2026 for filing a counter.
4. It is brought to the notice of this Court that the Executing Court has already passed an order for breaking open the premises and effecting delivery in E.A.No.11 of 2026. The learned counsel appearing for the petitioners would submit that, when the application filed by the petitioner under Order XXI Rule 97 of the C.P.C., is pending, the Executing Court is not expected to effect delivery. If the Executing Court is allowed to proceed with the Execution Petition and effect delivery, it will cause serious prejudice to the petitioners.
CRP No. 6544 of 2026
5. It is seen from the e-Court status that the petition filed by the petitioners in E.A.No.17 of 2026 has already been entertained and the same is adjourned to 09.10.2026 (today) for filing counter. When the obstruction petition filed by the petitioners is pending, the Executing Court is not expected to proceed with the execution of the decree by effecting delivery.
6. Therefore, this Court, without expressing any view on the merits of the matter, is inclined to direct the Executing Court to dispose of E.A.No.17 of 2026 filed by the petitioners, within a period of two (2) weeks from the date of receipt of a copy of this order. Till the disposal of the Execution Application in E.A.No.17 of 2026, the Executing Court shall not effect delivery, if it is not effected already.
7. With these observations, this Civil Revision Petition stands disposed of. No costs. Consequently, connected civil miscellaneous petition is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak To The learned II Additional Subordinate Judge, II Additional Subordinate Court, Coimbatore.
CRP No. 6544 of 2026
S.SOUNTHAR, J. kak CRP No. 6544 of 2026 and CMP.No.28211 of 2026 09-10-2026