Madras High Court
CRP/2076/2026 of S. Sunil Bhandari Vs Margadharsi Chits Pvt.Ltd on 3 September 2026
CRP No. 2076 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 2076 of 2026
and
C.M.P.Nos.9176 of 2026
S. Sunil Bhandari
..Petitioner
Vs
1. Margadarsi Chits Pvt. Ltd.,
Rep. by Foremen G. Ramachandra Naidu,
A Wing Flat No.1 and 2, 2nd Floor,
Parsn Manere, No.602, Anna Salai,
Chennai – 6.
2. Viman Travels India Private Ltd.,
Managing Director, Thanikachalam,
Rep. by Director Ms.T. Ramya,
1S-21, 2nd Floor, Prince Tower,
No.94/8113, Purasawalkam High Road,
Kellys, Chennai 10.
3. S.R.Vengatesh
4. K.Satyakumar
5. S.Ananthanarayanan
6. S. Rajmohan
7. T. Ramya
(Respondents 2 to 7 are given up in above CRP)
..Respondents
Prayer: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the order and decreetal order dated 18.02.2026
passed in EP No.403 of 2021 in ARC No.193 of 2016 by the learned IX
Assistant City Civil Court at Chennai.
CRP No. 2076 of 2026
For Petitioner:
Mr.N.Nagu Sah
For Respondent:
Mr.D.Shivakumaran for R1
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ORDER
The revision petitioner challenges the order passed in execution proceedings in EP No.403 of 2021 in ARC No.193 of 2016 on the file of the IX Assistant City Civil Court, Chennai, on the ground that since the order of attachment was set aside by this Court in an earlier round of revision, the property cannot be brought for sale without a fresh order of attachment.
2. According to Mr.N.Nagu Sah, there is non-compliance with the mandate under Order XXI, Rule 64 of the Civil Procedure Code. He would also point out that the ex parte order of attachment was set aside by this Court in the earlier revision, in the presence of the first respondent/decree-holder. Therefore, his contention is that the order of proclamation of sale must necessarily be set aside.
3. Per contra, Mr.D.Shivakumaran, the learned counsel appearing for the first respondent/decree-holder states that a common affidavit was filed by the petitioner seeking four reliefs. Two of them were for an interim stay, while the other two prayers were for setting aside the ex parte order passed in the E.P. on 26.10.2021, and setting aside the ex parte order of attachment dated 07.12.2021.
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It is his submission that only the application challenging the order of attachment in E.A. No. 4 of 2025 was taken up, prosecuted and brought before this Court, which was decided in C.R.P. No. 6027 of 2025, modifying the conditional order passed by the executing court. Admittedly, the conditional order has been complied with and therefore, the ex parte order of attachment has been set aside, implying that as on date, there is no subsisting order of attachment.
4. However, as rightly pointed out by Mr.D.Shivakumaran, the learned counsel appearing for the first respondent, unless and until the original order setting the petitioner exparte in the E.P. on 26.10.2021 is set aside, the petitioner cannot have any further audience in the matter. I find force in the said submission.
5. Mr.N.Nagu Sah, the learned counsel for the petitioner, however, brings to my notice that the said application has not been disposed of and has been recently numbered as E.A. No. 1 of 2026.
6. In the light of the above, I am inclined to set aside the order of proclamation passed in E.P. No. 403 of 2021 in ARC No. 193 of 2016 dated 18.02.2026 by the learned IX Assistant City Civil Court, Chennai, with a direction to the executing court to dispose of E.A. No. 1 of 2026 on merits, in accordance with law, within a period of four weeks from the date of receipt of a
CRP No. 2076 of 2026
copy of this order. Subject to the decision in E.A. No. 1 of 2026, it shall be open to the respondent/decree holder to take further proceedings in accordance with law.
7. With the above directions, this Civil Revision Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 03-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NSL To The IX Assistant City Civil Court at Chennai.
CRP No. 2076 of 2026
P.B.BALAJI, J. NSL CRP No. 2076 of 2026 03-09-2026