Madras High Court
CRP/1683/2026 of C.P.Karthik Vs K.Vijayakumar on 2 September 2026
CRP No. 1683 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-09-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP No. 1683 of 2026
C.P.Karthik
S/O. C.A.Palanisamy, 16/30A,
Thulasiammal Layout, Lakshmipuram,
Peelamedu, Coimbatore - 641004.
Petitioner(s)
Vs
1. K.Vijayakumar
S/O. Kaliannan, 39-1, Vettukadu Puthur,
Pramathi Velur, Namakkal District,.
2.N.Senthil Prabhu
S/o. Late Narayan Samy, 13, Gandhi Nagar, Murugankovil Street, Peelamedu, Coimbatore.
Respondent(s)
Revision filed under Section 115 of Civil Procedure Code against the decretal order dated 13.11.2025 made in EP No.286 of 2018 in O.S.No.52 of 2017 on the file of Second Additional Sub Court, Coimbatore.
For Petitioner(s):
N.Manoharan
For Respondent(s):
Mr.M.Ganesh
For R.1
R.2- No appearance
CRP No. 1683 of 2026
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ORDER
Heard Mr.N.Manoharan, learned counsel for the revision petitioner and Mr.M.Ganesh, learned counsel for the first respondent.
2. Despite service of notice on the second respondent, the second respondent has neither chosen to appear in person nor through counsel.
3. Mr.N.Manoharan, inviting my attention to the joint memo of compromise entered into between the respondents 1 and 2 on 19.12.2019, has stated that pending execution of the money decree, the judgment debtor approached the revision petitioner for financial assistance, promising to sell his property, which is the subject matter of the execution proceedings to the revision petitioner on condition that the petitioner settles the claim of the decree holder and balance sum of Rs.42,00,000/-(Rupees Forty Two Lakhs only) was agreed to be paid to the judgment debtor across which the judgment debtor undertook to sell the subject property in favour of the petitioner. The revision petitioner has been able to satisfy the claim of the decree holder.
CRP No. 1683 of 2026
4. Mr.M.Ganesh, learned counsel appearing for the decree holder/first respondent has no objection since the full satisfaction Memo has been filed by the decree holder himself and it has been recorded by the executing Court on 19.12.2019.
5. Mr.N.Manoharan, learned counsel would further invite my attention to the fact that subsequent to the filing of the full satisfaction Memo and the same being recorded by the Court, sale papers were also filed on 24.03.2021. However, since thereafter, there was a change of Presiding Officer, a new Presiding Officer has taken charge, who noticing that a full satisfaction memo has been filed, has terminated the execution proceedings. Learned counsel also brings my attention to the fact that E.A.No.1 of 2019 was filed for the purposes of sale of the property in favour of the revision petitioner and the same is pending and without noticing the same, the execution petition has been terminated on 13.09.2025.
6. Today, an additional typed set of papers have also been relied on by Mr.N.Manoharan, which evidences the fact that the entire amount, promised to be paid to the judgment debtor, has been paid, which has also been duly acknowledged by the judgment debtor/second respondent herein, in the presence of two witnesses. Further,
CRP No. 1683 of 2026 the decree holder’s claim of Rs.10,00,000/-(Rupees Ten Lakh only) was also settled by the revision petitioner which is in fact confirmed by the learned counsel, who has now entered appearance for the respondent/decree holder as well.
7. The Memo filed by the respondent/judgment debtor on 19.12.2019 also evidences the fact that the revision petitioner has already been put in possession of the subject property and that the entire amount due and payable to the decree holder as well as the judgment debtor has been settled. In fact, in the said Memo, the judgment debtor has expressed no objection for EA.No.1 of 2019 to be allowed and the sale deed to be executed in favour of the revision petitioner whose details are also mentioned along with Aadhar number in the said Memo dated 19.12.2019.
8. In the light of the above, the order passed by the executing Court terminating the execution petition, without noticing pendency of E.A.No.1 of 2019 is clearly improper and this Court is entitled to exercise supervisory jurisdiction and set aside the said order. The termination of the execution petition by order dated 13.09.2025 is set aside and the executing Court shall pass further orders in E.A.No.1 of 2019 by executing a sale deed in favour of the revision petitioner, since the judgment debtor has already expressed no objection for E.A.No.1 of 2019 being allowed. The executing
CRP No. 1683 of 2026 Court shall ensure that necessary sale deed is executed in accordance with law within a period of eight weeks from the date of receipt of the copy of this order.
9. In the result, the civil revision petition is allowed. No costs. 02.09.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The Additional Sub Court, Coimbatore
CRP No. 1683 of 2026 P.B.BALAJI.,J sr CRP No. 1683 of 2026 02.09.2026