CRP(MD)/2591/2026 of Rajapandi (Died), 1.Krishnam Vs Muthu Veerapasamy, Temple th on 11 September 2026

O R D E R

The Civil Revision Petition has been filed challenging the order, dated 25/06/2026 passed in E.P.No.1 of 2026 in OS No.142 of 2020 by the District Munsif Court, Kovilpatti, Thoothukudi District, which was filed for delivery of possession.

2. The petitioners states that they are the legal heirs of the deceased 2nd defendant in the main suit. The suit was filed by the plaintiff against the defendants 1 and 2 for recovery of money and for mandatory injunction. The suit was originally filed against his father, who was set ex-parte on 07/08/2021. Thereafter, the petitioner's father died on 21/04/2025. The petitioners states that they were not aware of the ex- parte decree and, therefore, they filed an appeal along with an application to condone the delay of 156 days, which is pending before the appellate

( Uploaded on: 22/09/2026 12:37:38 pm )

CRP(MD)No.2591 of 2026 Court. In the meantime, the Executing Court proceeded with the execution proceedings and passed an order for delivery of possession. The learned counsel appearing for the petitioners contended that unless the execution proceedings are stayed, they would be seriously prejudiced, particularly when the appeal has a fair chance of success.

3. This Court finds that the 2nd defendant had been set ex-parte as early as on 07/08/2021 and that no steps were taken thereafter either to set aside the ex-parte order/decree or to prefer an appeal. The appeal itself was filed belatedly only in the year 2025, along with an application to condone the delay. The petitioners, without even obtaining a regular appeal number or an order of stay from the appellate Court, has approached this Court merely on the ground that an appeal has been filed and is pending consideration.

4. Mere filing of an appeal, particularly when the same has not yet been numbered and no order of stay has been granted by the appellate Court, cannot be a ground to interfere with the execution proceedings. This Court does not find any irregularity or illegality in the order passed by the Executing Court.

( Uploaded on: 22/09/2026 12:37:38 pm )

CRP(MD)No.2591 of 2026

5. In view of the above, this civil revision petition is dismissed at the stage of admission itself. No costs. Consequently, connected Miscellaneous Petition is closed.

11.09.2026 Index : Yes / No Internet : Yes / No er

( Uploaded on: 22/09/2026 12:37:38 pm )

CRP(MD)No.2591 of 2026 R.POORNIMA, J. er To,

1. The District Munsif Court, Kovilpatti, Thoothukudi District.

2. The Section Officer, VR/ER Section, Madurai Bench of Madras High Court, Madurai.

CRP(MD)No.2591 of 2026 11/09/2026

( Uploaded on: 22/09/2026 12:37:38 pm )