Madras High Court

CRP/6398/2026 of V.Shiva Kumar Vs V.Srikanth Krishnan on 1 October 2026

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CRP No. 6398 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 6398 of 2026

and CMP No.27546 of 2026

CNR: {HCMA012385152026}

V.Shiva Kumar

..Petitioner(s)

Vs

V.Srikanth Krishnan

..Respondent(s)

PRAYER: Civil Revision Petition filed under Section 115 of C.P.C. seeking to allow the above CRP by setting aside the order passed in EA No.2/2026 in EP

1256 of 2026 on the file of XXVII Assistant Judge, City Civil Court, Madras and to allow the EA 2/2026.

For Petitioner(s):

Mr.G.V.Sridharan

For Respondent(s):

Mr.T.K.S.Gandhi

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ORDER

The grievance of the revision petitioner is that pending his application under Order 9 Rule 13 C.P.C. the Executing Court has now proceeded to order delivery.

2. Learned counsel for the respondent / caveator states that the present attempt is only to protract the proceedings and earlier the petitioner had filed a Section 47 application in the execution petition and the same was dismissed by

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CRP No. 6398 of 2026

me in C.R.P.No.4710 of 2026 and thereafter in order to gain further time, now the petitioner projects the pendency of the application in Order 9 Rule 13 C.P.C. along with an application to condone delay.

3. In light of the above, it would suffice to dispose of the revision petition confirming the order of the execution petition, however, keeping the said order in abeyance for a period of three weeks. The application for condonation of delay shall be decided within a period of two weeks from the date of receipt of a copy of this order.

4. In the event of the condone delay application being dismissed, the respondent is at liberty to proceed with the execution petition from the present stage. However, in the event of the trial Court exercising discretion and condoning the delay, then the execution petition shall be kept in abeyance for a period of further two weeks to enable the final orders being passed in the Order 9 Rule 13 C.P.C. Subject to the result of the same, either of the parties may work out their respective rights in accordance with law.

5. It is needless to state that the condone delay application shall be tested on the affidavit filed in support of the condone delay application and the trial Court shall not be prejudiced by any of the observations or any indication that may have been made in this order.

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CRP No. 6398 of 2026

6. This Civil Revision Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAS

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CRP No. 6398 of 2026

P.B.BALAJI, J. KAS CRP No. 6398 of 2026 01-10-2026

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