Madras High Court
CRP/5509/2026 of Marimuthu Ammal (Died) 1. A.Nagarajan Vs A.Venkatesan on 2 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.5509 of 2026
Marimuthu Ammal (Died)
A.Nagarajan
..Petitioner
Vs
A.Venkatesan
..Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to number E.A.SR.No.4789 of 2026 in E.P.No.14 of 2026 in O.S.No.25
of 1991 on the file of the learned Subordinate Judge, Alandur, as expeditiously and dispose of the same within a time frame fixed by this Court.
For Petitioner:
Mr.T.Karunakaran
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ORDER
This revision petition has been filed to number E.A.SR.No.4789 of 2026 in E.P.No.14 of 2026 in O.S.No.25 of 1991 on the file of the learned Subordinate Judge, Alandur.
2. The petitioner is the decree holder. Since the execution application filed by the petitioner has been returned at the numbering stage, directing the petitioner to approach the appropriate Court, no prejudice is being caused to the respondents and hence, I am dispensing with notice to the respondent.
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3. The learned counsel for the petitioner would state that in a suit filed for specific performance, a decree was granted on 30.09.2002. He would invite my attention to a connected revision in CRP.No.5897 of 2025. The said revision petition was disposed of on 20.11.2025, directing the Sub Court, Alandur, to entertain the execution petition and thereafter, by a subsequent order, I had granted extension of time on 02.07.2026, directing the Sub Court, Alandur, to entertain the execution petition on or before 31.08.2026. The application filed by the revision petitioner has been returned for the very same reason that the Court has no jurisdiction. The said issue has been settled in my earlier order dated 20.11.2025 and without even noticing the same, the Sub Court, Alandur, has now once again returned the application filed for amending the survey number, by incorporating the present new Survey.No.218/17, as well as the correct extents in the patta and also incorporate the patta number. I am unable to see how the Court loses jurisdiction to entertain the said application, especially when the execution petition has been numbered and directed to be disposed of by 31.08.2026, in the light of the earlier order passed by me.
4. The application filed in E.A.SR.No.4789 of 2026 was only for better description of the suit property. Admittedly, the suit sale agreement was entered into way back in the year 1989 and the suit for specific performance is also filed in the year 1991. Over the last 25 years, there has been subdivisions and fresh
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assignment of survey numbers as well. Therefore, unless the suit property is properly described, the relief that has been obtained by the petitioner cannot be enjoyed in true letter in spirit. Hence, the Sub Court, Alandur, ought to have permitted amendment to incorporate the new survey number and to reflect the extent in square metres also mentioned in the present Patta No.617. The Executing Court does not lose jurisdiction to permit such amendments, which are only clarificatory in nature and in the nature of effectively describing the suit property. It will not amount to an exercise, going behind the decree, which alone is impermissible. In the light of the above, I am inclined to set aside the order of the learned Subordinate Judge, Alandur.
5. In fine, the Civil Revision Petition is allowed and E.A.SR.No.4789 of 2026 in E.P.No.14 of 2026 is directed to be numbered by the learned Subordinate Judge, Alandur. The Sub Court, Alandur, shall permit the petitioner to carryout these corrections in the draft of the cancellation of the sale deed. After incorporation of such changes, the cancellation of sale deed shall be duly registered, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Connected Civil Miscellaneous Petition is closed. 02.09.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
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P.B.BALAJI, J. ATA To The Subordinate Judge, Alandur. CRP No.5509 of 2026 02.09.2026
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P.B.BALAJI.,J Learned counsel for the petitioner brought to my notice that the order disposing of the revision on 02.09.2026 has not included a direction to the Registry to return the original ea sr No.4789 of 2026 to enable representation of the same before the Executing Court.
2. In the light of the above, the following sentence is added before “No costs” at Paragraph No.5 of the order. “ The Registry shall return the original EA SR No.4789 of 2026 in EP No.14 of 2026 to the learned counsel for the revision petitioner by 25.09.2026 to enable the petitioner to represent the same before the Subordinate Court, Alandur.”
3. Registry is directed to issue fresh copy. 23.09.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sr To The Subordinate Judge, Alandur
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P.B.BALAJI.,J sr CRP No.5509 of 2026 23.09.2026
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