Madras High Court
CRP/1852/2024 of S.RAJESWARI Vs J.KALAMANI on 6 October 2026
CRP No.1852 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 1852 of 2024
CNR:{HCMA012021712023}
and
CMP NO. 9756 OF 2024
S.Rajeswari
W/o. C.Swaminathan, No. 28, Vidya nivas, Palaniappa Nagar, Rakkiapalayam Road, Ammapalayam, Avinashi tk, Tiruppur 641652, Tirupur Dist.
..Petitioner(s)
Vs
1. J.Kalamani
W/o. N.Jothimani, 19, J.G Nagar 3rd Street, Kumarananthapuram, Tiruppur 641 601
2. N.Jothimani
S/o. Nanjappa gounder
19, J.G Nagar 3rd Street, Kumarananthapuram, Tiruppur 641 601
3. K.Selvaraj
S/o. C.Krishnan, 16, Govindarajulu St, Tirupur 641 014
..Respondent(s)
Prayer: This Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, to set aside the order passed in E.A.No. 100 of 2013 in E.P.No.16 of 2012 dated 18.08.2023 on the file of the Principal Sub-ordinate Judge Court, Tiruppur with exemplary costs to the petitioner.
For Petitioner(s):
K.Balakrishnan
For Respondent(s):
Ms.Charishma .V
for M/s. Srimathi. V
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CRP No.1852 of 2024
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Order
This Civil Revision Petition is filed challenging the order passed by the Executing Court allowing the claim petition filed by the respondents 1 and 2 under Order XXI Rule 58 of CPC. By impugned order, the claim made by the respondents 1 and 2 has been adjudicated upon and application has been allowed. Therefore, in terms of Order XXI Rule 58 (4) of CPC, the order allowing the claim petition is a deemed decree. Since an appeal will lie before the Regular Appellate Court (i.e., concerned District Court), the revision is not at all maintainable and hence the same is dismissed with liberty to the petitioner to file an appeal before the regular Appellate Court. The petitioner is entitled to exclude the time taken by him in prosecuting the revision before this Court i.e., 06.11.2023 to date of receipt of copy of this order. 06-10-2026 Index : Yes / No Speaking order:Yes / No Neutral Citation:Yes / No ub Note: Registry is directed to return the certified copies of the impugned order to the learned counsel for the petitioner.
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CRP No.1852 of 2024
To The Principal Sub-ordinate Court, Tiruppur.
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CRP No.1852 of 2024
S.SOUNTHAR J. ub CRP No.1852 of 2024 and CMP No.9756 of 2024 06-10-2026
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