Madras High Court
CRP/3353/2023 of Malarkodi Vs Panjavarnam on 8 October 2026
CRP No. 3353 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 3353 of 2023 and
CMP No.20840 of 2023
CNR: {HCMA011561592023}
1. Malarkodi, W/o. Thirumeni gounder,
2. Senthil Kumar, S/o. Thirumeni gounder,
3. Sakthi Kumar, S/o. Thirumeni gounder,
4. Lakshmi, W/o. Adhimoola gounder,
5. Rajendiran, S/o. Adhimoola gounder,
6. Udhayasuriyan, S/o. Adhimoola gounder,
7. M.G.R., S/o. Adhimoola gounder,
Petitioners 1 to 7 are residing in
Seshasamuthiram Village, Sankarapuram Tk, Kallakurichi Dt.
..Petitioner(s)
Vs
1. Panjavarnam, W/o. late. Ramasamy Padiyachi,
2. Banumathi, W/o. Krishnamoorthy,
3. Amutha, W/o. Arumugam,
4. Rathinam, W/o. Subramaniyan,
5. Ambika, W/o. Sakthivel,
6. Anjalai, W/o. Sadaiyan,
__________
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CRP No. 3353 of 2023
7. Padmini, W/o. Kannan,
Respondents 1 to 7 are
residing in Seshasamuthiram Village,
Sankarapuram Tk, Kallakurichi Dt.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Section 151 of CPC to set aside the Fair and Decreetal order dated 12.07.2023 passed in EP No.12 of 2022 in OS No.19 of 2013 on the file of the District Munsif Court, Sankarapuram and thereby allow this civil revision petition.
For Petitioner(s):
Ms. R. Divyapreathika
for Mr. R.Bharath Kumar
For Respondent(s):
Mr.V.Gunasekar
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ORDER
This Civil Revision Petition has been filed challenging the order passed by the Executing Court, ordering delivery of possession of the suit property, pursuant to the decree for delivery of possession passed in the suit.
2. The respondents herein filed a suit in O.S.No.19 of 2013 for recovery of possession of the suit property and the same was decreed on 31.08.2021. Challenging the said decree, the petitioners stated to have filed an appeal in A.S.No.43 of 2022 on the file of Principal Sub Court, Kallakurichi. When the first appeal is pending, the respondents/decree holders filed E.P.No.12 of 2022 seeking to execute the decree. The Executing Court, by the impugned order, has ordered delivery of possession of the property, as there was no stay granted __________
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CRP No. 3353 of 2023 in the first appeal. Aggrieved by the said order, the petitioners have come before this court.
3. The learned counsel for the petitioners would submit that when the first appeal is pending before the first appellate court, the executing court ought not have ordered delivery of possession and hence, the same is liable to be set aside.
4. Admittedly, the petitioners have not obtained any stay of the decree from the first appellate Court. When the decree passed by the Trial Court is not stayed by the first appellate court, absolutely there is no bar for the executing court to execute the decree. Merely because the petitioners have filed the first appeal, the execution of the decree cannot be stayed automatically. It is for the petitioners to move the first appellate court and to obtain necessary interim orders. In the absence of any such interim order, the impugned order passed by the executing court cannot be faulted. Therefore, I do not find any error in the impugned order.
5. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST __________
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CRP No. 3353 of 2023 To The District Munsif, Sankarapuram. __________
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CRP No. 3353 of 2023 S.SOUNTHAR, J. MST CRP No. 3353 of 2023 08-10-2026 __________
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