Madras High Court
CRP/6329/2026 of A.Rajendran Vs A.Ranjitham on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6329 of 2026
{CNR:HCMA011068562026}
and
CRP No. 6330 of 2026
CNR:{HCMA011068572026}
1. A.Rajendran
2. A.Thirunavukarasu
3. A.Thatchayaniammal
..Petitioners in both
petitions
Vs
1. A.Ranjitham
2. A.Selvam @ Paneerselvam
3. A.Gopu
4. A.Sekar @ Dhanasekar
5. A.Rukmangathan
6. A.Shanmugasundaram
7. A.Meera @ Dhanalakshmi
8. D.Dhatchanamoorthy
9. S.Prabhakaran
10. Pasupathi
11. The Sub Registrar,
Sembiam Sub Registrar Office,
Chennai 600 011.
..Respondents in both
petitions
Prayer in CRP No. 6329 of 2026
Civil Revision Petition filed under Section 115 CPC, praying to set aside the order passed in E.A.No.12 of 2026 in E.P.No.1037 of 2018 order dated 25.03.2026 on the file of the XXV Asst. City Civil Judge, Allikulam, Chennai and pass any other further or other orders as this Honourable Court.
Prayer in CRP No. 6330 of 2026
Civil Revision Petition filed under Section 115 CPC, praying to set aside the order passed in E.P.No.1037 of 2018 order dated 25.03.2026 on the file of the XXV Asst. City Civil Judge, Allikulam, Chennai and pass any other further or other orders as this Honourable Court.
For Petitioners
(in both C.R.Ps) :
Mr.G.Prem Anand Rao
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COMMON ORDER
CRP.No.6329 of 2026 has been filed, challenging the order passed by the Executing Court, dismissing the application filed by the petitioners, seeking adjournment of Execution Proceedings.
2. CRP.No.6330 of 2026 has been filed, challenging the order passed by the Executing Court, dismissing the Execution Petition filed by the petitioners/decree holders due to their failure to take steps.
3. It is not in dispute that the petitioners obtained a decree for recovery of possession against the respondents in O.S.No.350 of 2007 on the file of the XXV Assistant Civil Civil Court, Chennai and the same was sought to be executed in Execution Petition No.1037 of 2019. From the typed set of papers, it is clear that the petitioners requested for adjournment on the ground that the settlement talks were going on. Since several adjournments were requested by the petitioners on the very same ground, the Executing Court dismissed the adjournment petition and as a consequence, dismissed the main Execution Petition. Aggrieved by the same, the petitioners have come before this Court.
4. Now, the main Execution Petition is dismissed for default. Therefore, no purpose will be served by considering the request of the petitioners for adjournment. Hence, CRP.No.6329 of 2026 is closed, as no further orders are necessary.
5. As far as CRP.No.6330 of 2026 is concerned, the petitioners wants to challenge the order passed by the Executing Court, dismissing the main Execution Petition for default. The Execution Petition having been dismissed for default for the failure of the petitioners to take steps, the petitioners have to file file an application under Order XXI Rule 106 of the Code of Civil Procedure. Instead of following the said course, the petitioners straight away approached this Court by way of revision. Therefore, this Court is not inclined to entertain this petition.
6. It is seen from the typed set of papers that the order, dismissing the Execution Petition was passed on 25.03.2026. The said order copy was furnished to the petitioners on 20.04.2026. Within ten days, the petitioners filed the revision petition on 30.04.2026. The petitioners are directed to file an appropriate application under Order XXI Rule 106 of the Code of Civil Procedure before the Executing Court, seeking restoration of the Execution Petition. The petitioners are entitled to exclude the time taken by them in prosecuting the CRP before this Court (i.e., from 30.04.2026 till the date of receipt of a copy of this order).
7. With these directions and clarifications, CRP.No.6330 of 2026 stands disposed of. No costs. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak To
1. The learned XXV Asst. City Civil Judge, Allikulam, Chennai.
2. The Sub Registrar, Sembiam Sub Registrar Office, Chennai 600 011.
S.SOUNTHAR J. kak CRP Nos. 6329 & 6320 of 2026 06-10-2026