Madras High Court
CRP/5778/2026 of Pratap Vs D.Elangovan on 25 September 2026
CRP Nos. 5778 and 5431 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP Nos. 5778 and 5431 of 2026
and CMP Nos.23561 and 24995 of 2026
CNR:{HCMA011948202026}
1. Pratap
S/O Koteswara Rao, 6/4, Cochrane Basin
Road, II Street, Near Corporation School, Old Washermenpet, Chennai, Tamil Nadu -600021 and 2 Others
2. Bramma
S/O Koteswara Rao, 6/4, Cochrane Basin
Road, II Street, Near Corporation School, Old Washermenpet, Chennai, Tamil Nadu -600021
3. Vinayakam
S/O Koteswara Rao, 6/4, Cochrane Basin
Road, II Street, Near Corporation School, Old Washermenpet, Chennai, Tamil Nadu -600021
Petitioners in both the revisions
Vs
1. D.Elangovan
s/o late J.Dorairaj, Plot No.9, 1st street, A.L.S. Avenue, Govindharajapuram, Nandhivaram, Guduvanchery, Kancheepuram Dsitrict - 603 202
Respondent in both the revisions
CRP Nos. 5778 and 5431 of 2026
Revisions filed under Article 227 of Constitution of India to set aside the docket order dated 15.06.2026 passed in E.A.Nos.5 and 6 of 2026 in EP No.309 of 2020
in RCOP No.187 of 2017 on the file of XI Judge, Court of Small Causes, Chennai.
For Petitioner(s):
S.Vijayalakshmi
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COMMON ORDER
The revision petitions have been filed challenging the docket order dated 15.06.2026 in E.A Nos.5 and 6 of 2026 by the Executing Court ordering break open and police aid for enabling the bailiff to take possession and comply with the decree for eviction.
2. Learned counsel for the petitioner states that the Bailiff never visited the property and based on the summary non-speaking docket order, the Executing Court has now permitted police aid as well as break open.
3. On going through the records, the respondent, despite service of notice has neither entered appearance in person nor through counsel. The respondent is called absent and set exparte. On going through the impugned orders dated 15.06.2026, I find that the Executing Court has applied its mind and gone through the Report of the Bailiff
CRP Nos. 5778 and 5431 of 2026 and found that the orders for police aid and break open are necessary for enabling execution of the delivery warrant.
4. I do not find any infirmity or perversity in the orders or findings of the Executing Court warranting interference in the revisions. Hence both the civil revision petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 25.09.2026 Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr To The XI Small Causes Court, Chennai.
CRP Nos. 5778 and 5431 of 2026 P.B.BALAJI.,J sr CRP Nos. 5778 and 5431 of 2026 25.09.2026