Madras High Court
CRP/6067/2026 of Selvam Vs Nethaji on 22 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP Nos. 6067 & 6069 of 2026
CNR:{HCMA011965552026}
AND
CRP NO. 6069 OF 2026, CMP NO. 26258 OF 2026
Selvam
..Petitioner in both
CRPs
Vs
1. Nethaji
Rajeswari (Died)
Devaraj (Died)
Subramani(Died)
Arumugam (Died)
Muthalammal (Died)
2. Neelavathi
Segar (Died)
Mohan (Died)
3. Jothi
4. Ramesh
5. Suresh
6. Anandhan
7. Ranganayaki
8. Baby
9. Bhakyalakshmi
Purushothaman (Died)
10.Velmurugan,
11.Sundaravel
12.Sarojinidevi
13.Bhakkialakshmi,
14.Loganayagi,
15.Ramanarayanamurugesan
16.Gopalakrishnan
Kasthuri (Died)
17.Malathi
18.Jayanthi,
19.Kavitha
20.Manjula
21.Arulprakash
22.Annammal
23.Saravanan,
24.Gandhimathi,
25.Leelavathi
26.Suguna
27.S.Avinash (Minor)
(Rep. by Guardian/Mother 26th Respondent Suguna)
28.Devaraj (Minor)
(Rep. by Guardian/Mother 26th Respondent Suguna)
..Respondents in both
CRPs
CRP No. 6067 of 2026
Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the impugned docket order dated 12.08.2026 in Unnumbered E.A in EA.No.8 of 2026 in EP.No.71 of 2005 in OS.No.203 of 1976 on the file of the learned II
Additional District Munsif at Puducherry.
CRP No. 6069 of 2026
Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the impugned docket order dated 12.08.2026 in Unnumbered E.A in EP.No.71 of 2005 in OS.No.203 of 1976 on the file of the learned II Additional District Munsif at Puducherry.
For Petitioner:
Mr.S.Subramaniam in both CRPs
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COMMON ORDER
CRP.No.6067 of 2026 has been filed to set aside the docket order dated 12.08.2026 in Unnumbered E.A in EA.No.8 of 2026 in EP.No.71 of 2005 in OS.No.203 of 1976 on the file of the learned II Additional District Munsif at Puducherry.
2. CRP.No.6069 of 2026 has been filed to set aside the impugned docket order dated 12.08.2026 in Unnumbered E.A in EP.No.71 of 2005 in OS.No.203 of 1976 on the file of the learned II Additional District Munsif at Puducherry.
3. In view of the limited relief sought for in this revision petition, I am inclined to dispense with notice to the respondents.
4. The petitioner filed an application for setting aside the dismissal of an unnumbered E.A.No.8 of 2026, in and whereby, the Executing Court had dismissed the application filed under Section 3 of the Limitation Act, questioning the maintainability of the execution petition beyond the period of one year.
5. I have heard Mr.S.Subramaniam, learned counsel appearing for the revision petitioner.
6. The Registry has returned the application for restoring E.A.No.8 of 2026 at the numbering stage, citing the decision of the Hon’ble Supreme Court in Periyammal (Dead) through legal representatives and others Vs. V.Rajamani and another, reported in 2025 INSC 329, which only directs the Executing Court to dispose of the execution petitions, within a period of six months. Neither the Hon’ble Supreme Court, nor this Court have held that the right of the judgment debtor or respondent can be scuttled merely on the ground that there has been a delay. In the instant case, the application itself is filed to seek dismissal of the execution petition on the ground that the execution petition is beyond the period of limitation and is barred by Section 3 of the Limitation Act.
7. The ratio laid down in Periyammal’s case cannot be put against the petitioner, especially when I find that the application was dismissed for default on 05.08.2026 and an application to restore was filed without any delay as early as on 10.08.2026. In the light of the above, I am inclined to allow the revision petitions.
8. In fine, these Civil Revision Petitions are allowed and the order dated 12.08.2026 in Unnumbered E.A.No.8 of 2026 in E.P.No.71 of 2025 in
O.S.No.203 of 1976 on the file of the II Additional District Munsif, Puducherry, is set aside. The Registry shall return the original E.A.No.8 of 2026 to the learned counsel for the petitioner, within a period of one week from the date of the order copy being uploaded in the website of the High Court, to enable representation of the same before the Executing Court. The Executing Court shall number the application, if it is otherwise in order and issue notice to the respondents-decree holders and after giving a fair opportunity to both the parties, the Executing Court shall dispose of the same, within a period of four weeks from the date of receipt of a copy of this order. No costs. Connected Civil Miscellaneous Petition is closed. 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Note: Registry shall upload this order in the website of the High Court on 24.09.2026. To The II Additional District Munsif, Puducherry.
P.B.BALAJI J. ATA CRP No. 6067 of 2026 AND CRP NO. 6069 OF 2026,CMP NO. 26258 OF 2026 22-09-2026