Madras High Court

CRP/4588/2026 of G.Selvam Vs C.Devabalan on 9 September 2026

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CRP.No.4588 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2026

CORAM

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

CRP.No.4588 of 2026

and

CMP.No.20141 of 2026

G.Selvam

..Petitioner(s)

Vs

C.Devabalan

..Respondent(s)

Prayer: Civil Revision Petition filed under Section 115 of CPC., seeking to set aside the Fair and Decretal order in E.P.No.614 of 2023 in O.S.No.490 of 2018

dated 24.06.2026 on the file of the learned 1st Additional Sub Judge, Villupuram.

For Petitioner(s)

: Mr.N.Suresh

For Respondent(s)

: Mr.B.Vijay

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ORDER

This Civil Revision Petition has been filed seeking to quash the order dated 24.06.2026 passed in E.P.No.614 of 2023 in O.S.No.490 of 2018, on the file of the learned 1st Additional Sub Judge, Villupuram.

2. Heard the learned counsel on either side and perused the materials available on record.

CRP.No.4588 of 2026

3. The major grievance of the revision petitioner is that the properties which have been attached and are proposed to be brought for sale are highly valuable and the Executing Court has failed to see that the sale of even one of the properties alone would be sufficient to meet the decree amount.

4. Even at the time of admission, after hearing the learned counsel appearing for the petitioner, I had ordered notice and granted interim stay only based on the assurance given by the learned counsel for the revision petitioner that the revision petitioner would undertake to sell one of the properties, which would be sufficient to satisfy the decree amount.

5. Today, Mr.N.Suresh, learned counsel for the revision petitioner states that Item No.2 of the schedule property, which is presently attached, could be sold, subject to the attachment being raised, within a period of three months from the order of attachment being raised, to enable the petitioner to settle the entire decree amount, together with up to date interest payable as on the date of settlement.

6. In response, the learned counsel appearing for the respondent submitted that the attachment in respect of the other items of property may continue till such time the entire decree amount is satisfied.

CRP.No.4588 of 2026

7. As the request of both sides is fair and reasonable, I am inclined to raise the attachment in respect of Item No.2 of the schedule property, the description of which is as follows:- Description of Properties: ...

2. Villupuram Registration District, Kandamangalam Sub.D, Chinnababusamuthiram Village, “Krishna Nagar” Ayan punjai S.No.542/3B-0.03.21 cents (1401 Sq. ft) out of Acre 5.16 cents, East to West-southern side 30 ¼ feet, northern side 30 feet, South to North- upper side 43 feet, lower side 50 feet, intoto 1401 Sq.ft., Boundaries : East of Chandran’s plot, South of Vanur Road, North of Plot No.43, West of Plot No.39. Admeasuring total – 1401 Sq.ft of the site with all mamool and easementary rights and the property. The site including the building constructed thereon with all fittings, superstructures, service connections and deposits. In this plots value for Rs.3,50,000.00.

8. Accordingly, the attachment in respect of Item No.2 of the schedule property, is hereby raised, to enable the revision petitioner to dispose of the said property and satisfy the decree in full and final settlement, in terms of the decree already passed in favour of the respondent/decree holder in O.S.No.490 of 2018. The entire decree amount shall be settled with a period of three months from the date of the order of attachment being raised and the same being reflected in the Encumbrance certificate.

CRP.No.4588 of 2026

9. It is needless to state that necessary co-operation shall be extended by the respondent/decree holder for raising the order of attachment before the Executing Court and also for necessary entries to be reflected in the Encumbrance Certificate.

10. The attachment in respect of Item No.1 shall continue to remain in force till such time the Decree amount is fully and finally settled in favour of the respondent. Further, it is open to the parties to record full satisfaction before the Executing Court.

11. With the above directions and observation, this Civil Revision Petition stands allowed in part. No costs. Consequently, the connected miscellaneous petition is closed. 09.09.2026 skt Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To: The 1st Additional Sub Judge, Villupuram.

CRP.No.4588 of 2026

P.B.BALAJI, J. skt CRP.No.4588 of 2026 and CMP.No.20141 of 2026 09.09.2026

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