Madras High Court
CRP.SR/100535/2026 of LOVELY PET Vs K.RADHALAKSHMI on 7 September 2026
CMP No. 18530 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CMP No. 18530 of 2026
AND
CRP SR NO. 100535 OF 2026
Lovely Pet
Rep by its Properietor Suresh Metha,
Having factory at KB-10, Teleflo Mini Industrial Estate, No.3/88, Mount Poonamallee Road, Ramapuram, Ambattur TK, Chennai 600 089.
..Appellant(s)
Vs
1. K.Radhalakshmi
W/o.A.K.Boopathy,
No.27, Venkatnarayana Road,
T.Nagar, Chennai 600 017
2. K.Bala Boopathy,
No.27, Venkatnarayana Road,
T.Nagar, Chennai 600 017
..Respondent(s)
PRYAER in CMP No. 18530 of 2026: This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, filed to condone the delay of 47
days in filing the petition to set aside the abatement caused due to the death of the 1st appellant in the above AS.No.329 of 2019.
For Appellant(s):
Mr.Avinash Wadhwani
For Respondent(s):
Mr.P.Subba Reddy
CMP No. 18530 of 2026
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ORDER
Though CMP has been filed seeking condonation of delay of only 47 days in preferring this revision, the learned counsel for the respondents/decree holders, Mr.P.Subba Reddy, would bring to my notice that pursuant to an order passed in an earlier revision petition in CRP. No.1541 of 2026, by order dated 16.06.2026, this Court granted liberty to the petitioner to move any obstruction application, provided the revision petitioner deposits the entire arrears of Rs.88,00,000/-, as a condition precedent for being entitled to be heard in the obstruction petition.
2. Admittedly, the said conditional order passed by this Court, giving liberty to the petitioner has not been availed of by the petitioner, and pursuant to the same, the Executing Court has proceeded to order delivery and by order dated 30.07.2026, the delivery has been recorded and EP has also been terminated. Now, the very same order dated 06.12.2025, which was earlier challenged before this Court and disposed of on 16.06.2026, is once again challenged in the present revision Petition.
3. Firstly, having already challenged the order and obtained a conditional order and not having complied with the same, the petitioner is not entitled to challenge the very same order once again. Secondly, the Execution
CMP No. 18530 of 2026
Proceedings has been terminated as early as on 30.07.2026 and therefore, nothing survives for consideration in the present revision, which only challenges the order of delivery, since possession has already been handed over to the decree holder. Recording the same, CMP is dismissed and consequently, the Civil Revision Petition is dismissed at the SR stage itself. No costs.
07-09-2026 RKP To The Sub Judge, Poonamallee.
CMP No. 18530 of 2026
P.B.BALAJI J. RKP CMP No. 18530 of 2026 AND CRP SR NO. 100535 OF 2026 07-09-2026