CRP/5838/2026 of Vijayakumar Vs Vinayagamooorthi on 22 September 2026

ORDER

This revision petition has been filed to direct the learned Principal District Munsif Court, Ambur, to number the petition filed under Order XXI Rule 106 of CPC in REA.____ of 2026 in REP.No.30 of 2017 in OS.No.177 of 2011.

2. Heard Mr.R.T.Vishnu, learned counsel for the petitioner.

3. The petitioner has filed an unnumbered REA.No.____ of 2026 in REP.No.30 of 2017 in O.S.No.177 of 2011. The respondent, as plaintiff, has

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filed the said suit for recovery of the principal sum of Rs.1,00,000/- allegedly due on execution of a promissory note by the revision petitioner.

4. Considering the limited prayer sought for in this revision, I am inclined to dispense with notice to the respondent.

5. The suit came to be decreed ex-parte on 02.09.2013 for a sum of Rs.1,46,811/-. The respondent, in order to execute the decree, filed REP.No.30 of 2017, and even in the said execution proceedings, the petitioner remained ex- parte and an ex-parte order came to be passed on 31.08.2018. According to the petitioner, he was not put on notice about the proceedings in the suit as well as in the execution petition and since the respondent is now taking steps to attach his valuable immovable property of the petitioner, the petitioner has moved the Executing Court seeking to set aside the ex-parte order. The petitioner has undertaken that he would satisfy the entire decree amount together with interest. However, the Executing Court has refused to number the said execution application, citing the bar under Order XXI Rule 106 of CPC and also the circular issued by this Court in ROC.No.81478-4/2025-F1 dated 11.09.2025.

6. Considering the fact that the petitioner has asserted that he was not served with notice, the circular issued by this Court cannot be put against the petitioner. In any event the petitioner has expressed his willingness to settle the

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entire decree amount. In the light of the above, I am inclined to allow this revision petition, subject to condition the petitioner deposits a sum of Rs.1,00,000/- to the credit of REP.No.30 of 2017 on the file of the Principal District Munsif Court, Ambur, within a period of two weeks from today and upon ascertaining the balance amount payable, the Executing Court shall grant four weeks time to the petitioner to settle the same. If the petitioner satisfies the entire decree amount within the said period of four weeks, then the execution petition shall be terminated, recording full satisfaction. The Registry shall return the original REA.No.30 of 2017 to the counsel for the petitioner to enable representation of the same before the Executing Court. The original REA.No.30 of 2017 shall be returned to the counsel for the petitioner within a period of three days from the date of this order being uploaded in the High Court website.

7. The Civil Revision Petition is allowed with the above direction. No costs. 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Note: Issue order copy on 23.09.2026.

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CRP No. 5838 of 2026

P.B.BALAJI, J. ATA To The Principal District Munsif Court, Ambur. CRP No. 5838 of 2026 22-09-2026

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CRP No. 5838 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-09-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No. 5838 of 2026 CNR:{HCMA012173882026} Vijayakumar S/o.Jayaraman, Vadakarai, vadakarai Village, Minnur Post, Ambur Tk., Tirupathur Dist. ..Petitioner(s) Vs Vinayagamooorthi s/o.Nagappa Gounder, D.No.34/53A Ayyavu Street, Perumalpettai, Vaniyambadi, Vellore Tk. ..Respondent(s) For Petitioner(s): Mr.R.T. Vishnu

ORDER

This matter is listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner. In the order dated 22.09.2026, in paragraph No.6, page no.3, at the eighth line, "The Registry shall return the original REA. No.30 of 2017 to the counsel for the petitioner to enable representation of the same before the Executing Court. The original REA.No of 2017 shall be returned to counsel for the petitioner within a period of three days from the date of this order being uploaded int he High Court website" shall be modified and read as

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CRP No. 5838 of 2026

P.B.BALAJI J.

"The Registry shall return the original REA. No..../2026 in REP. No.30 of 2017 in O.S. No.177 of 2011 to the counsel for the petitioner to enable representation of the same before the Executing Court. The original REA.No... of 2026 in REP. No.30 of 2017 in O.S. No.177 of 2011 shall be returned to counsel for the petitioner within a period of three days from the date of this order being uploaded in the High Court website"

2. Except for the aforesaid modifications, order dated 22.09.2026, remains unaltered in all other respects. 24-09-2026 RKP Note: Registry is directed to carry out necessary correction in the order dated 22.09.2026 and issue a fresh order copy to the parties. To The Principal District Munsif, Ambur. CRP No. 5838 of 2026

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