CRP/6387/2026 of V. Panneerselvam Vs R. Padmasini on 6 October 2026

ORDER

These Civil Revision Petitions are filed challenging the order passed by the Executing Court in E.A.Nos.21 and 22 of 2026 in E.A.No.236 of 2025 (New E.A.No.6 of 2025) in E.P.No.125 of 2019 in O.S.No.234 of 1996, dated 17.09.2026, dismissing the applications filed by the petitioner seeking to mark certain documents and also to recall of PW.1 for receiving the additional evidence.

2. It is not in dispute that the respondents herein obtained a decree for recovery of possession against the petitioner. The suit was filed in the year 1996 and the judgment and decree was passed by the Trial Court on 19.10.2000 and the same was confirmed by this Court in S.A.No.1060 of 2004. The Special Leave Petition filed by the petitioner was also dismissed on 17.10.2022. The respondents/decree holders filed execution petition in the year 2019 in

E.P.No.125 of 2019. In the said execution petition, the petitioner belatedly filed an application under Section 47 of the Civil Procedure Code raising a dispute with regard to the identity of the property.

3. It is also seen from the records that earlier this Court passed an order on 04.08.2026 in C.R.P.No.4524 of 2026 directing the Executing Court to dispose of the Section 47 application, within a period of three weeks and thereafter, to dispose of the main execution proceedings, within a further period of three weeks. Immediately, after such a direction given by this Court, the petitioner filed the present applications on 07.09.2026 seeking to mark certain additional documents and also to recall of PW.1 for receiving the additional evidence.

4. The learned counsel appearing for the petitioner would submit that the documents sought to be marked will prove the possession of the petitioner and the same are vital to prove his case. It is also submitted that the documents are public documents and therefore, no prejudice would be caused to the respondent by allowing the petitioner to mark the same.

5. It is seen from the impugned order and typed-set of papers, the petitioner was given sufficient opportunity to putforth his case in Section 47 application. The petitioner was already examined as PW.1 on behalf of the petitioner and other witnesses. The petitioner has also examined the Surveyor to lead evidence with regard to the identity of the property. Therefore, it is seen that the petitioner has been given full opportunity to putforth his case regarding identity of the suit property. The documents now relied on by the petitioner are old documents, it is not as if, these documents came into existence subsequent to the examination of plaintiff side.

6. Further, these documents were very well available with the petitioner when he was examined. Consciously, the petitioner failed to produce the documents when he was examined as witness. Immediately, after time bound direction has been given by this Court on 04.08.2026, these applications have been filed just to drag on the execution petition.

7. The Executing Court in the impugned order itself observed that the petitioner has been given sufficient opportunity to lead evidence in support of his case in Section 47 application and the present applications filed by the petitioner are only an attempt to fill up a lacuna in his evidence and consequently, dismissed these applications. I do not find any legal error in the said order passed by the Executing Court.

8. Accordingly, these Civil Revision Petitions are dismissed. The Executing Court is directed to dispose of Section 47 application and the main execution petition having the time line fixed by this Court in C.R.P.No.4524 of 2026 in it’s mind, preferably within a period of three weeks from the date of receipt of copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm To The Subordinate Court, Panruti.

S.SOUNTHAR J. dm CRP.Nos.6387 and 6388 of 2026 and CMP.No.27515 of 2026 06-10-2026