Madras High Court
CRP/5255/2026 of C.V.Manigandan Vs M.Kannan on 8 October 2026
CRP No. 5255 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 5255 of 2026
and
CMP.No.22815 of 2026
and
CMP.No.26334 of 2026
CNR: {HCMA011976782026}
C.V.Manigandan
..Petitioner(s)
Vs
M.Kannan
..Respondent(s)
Civil Revision Petition filed under Section 115 of CPC., praying to set aside the order dated 12.08.2026 passed in E.A.SR.No.52332 of 2026 in E.P.No.127 of 2026 in O.S.No.241 of 2021 on the file of the Hon’ble XXVI
Assistant City Civil Court at Chennai.
For Petitioner(s):
Mr.G.RM.Palaniappan
For Respondent(s):
Mr.S.Haja Mohideen Gisthi
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ORDER
The Civil Revision Petition is filed, challenging the order passed by the Executing Court, rejecting the application filed by the petitioner under Section 47 of the Code of Civil Procedure.
2. The respondent herein filed a suit for permanent injunction in O.S.No.241 of 2021 and the same was decreed. Alleging violation of the decree
CRP No. 5255 of 2026
for permanent injunction, the respondent filed an Execution Petition in E.P.No.127 of 2026 and the same is pending. In the said Execution Petition, the petitioner/Judgment Debtor has filed an application under Section 47 of the Code of Civil Procedure and sought for dismissal of the Execution Petition. In the Section 47 application, the petitioner mainly raised two points:
(i) In the Execution Petition, the respondent has not clearly mentioned the violations committed by the petitioner.
(ii) Challenging the decree passed by the trial Court, the petitioner filed an appeal in A.S.No.228 of 2025 on the file of the VI Additional City Civil Court, Chennai, and the same is pending.
3. The said Section 47 application filed by the petitioner has been rejected by the trial Court without even numbering the same. Aggrieved by the same, the petitioner has come before this Court.
4. The learned counsel appearing for the petitioner would submit that when the appeal filed by the petitioner is pending before the First Appellate Court, the decree holder is not entitled to execute the decree. The learned counsel further submitted that in the Execution Petition, there is no specific averments regarding the violations of the decree. Therefore, the Executing Court ought not to have entertained the Execution Petition.
CRP No. 5255 of 2026
5. Merely because the petitioner filed an appeal challenging the decree passed by the trial Court, the petitioner is not entitled to say that the decree under challenge shall not be executed. Admittedly, the petitioner has not obtained any stay from the First Appellate Court. Therefore, the decree holder is entitled to maintain the Execution Petition for execution of the decree.
6. As far as violation of the decree for permanent injunction is concerned, whether there is any violation of the decree or not is a matter to be decided in the main Execution Petition and the same cannot be decided in the Section 47 application. The Executing Court rightly appreciated the same and dismissed the Section 47 application as devoid of merits. I do not find any material irregularity or illegality in the order passed by the Executing Court.
7. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak To The learned Judge, XXVI Assistant City Civil Court at Chennai.
CRP No. 5255 of 2026
S.SOUNTHAR, J. kak CRP No. 5255 of 2026 and CMP.No.22815 of 2026 and CMP.No.26334 of 2026 08-10-2026