Madras High Court
CRP.SR/101917/2026 of Raju Vs Gangan Bothra on 1 September 2026
CMP No. 18160 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CMP No. 18160 of 2026
in CRP SR No. 101917 of 2026
Raju A, S/o.Adinarayanasami,
Plot No.84 Door No.3,
Valliammai Nagar,
3rd Street, Nerkundram,
Chennai 107.
Permanently Residint at
No.261 Naicker Street,
Mappillai naicken Patti,
Nanchi Kottai Pillaiyar Paati,
Tanjore Dist.
..Appellant(s)
Vs
Gagan Bothra M
s/o.Late Shri S.Mukanchand Bothra,
no.44 Veerappan Street,
Sowcarpet, Chennai 92.
..Respondent(s)
Prayer in CMP No.18160 of 2025 : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 114 days in filing the e CRP against the order dated 10-12-2025 made in EP.No.102 of 2023 in Arb.OP.no.1 of 2022 on the file of the III Addl. Dist. Judge. Poonamallee.
Prayer in CRP Sr No.101917 of 2026 : Civil Revision Petition is filed under Section 115 of CPC to set asdie the order dated 10-12-2025 made in EP.No.102
of 2023 in Arb.OP.no.1 of 2022 on the file of the III Addl. Dist. Judge.
Poonamallee.
CMP No. 18160 of 2026
For Petitioner(s):
Mr. A.K.Vigashini
For Respondent(s):
Mr.Gagan Bothra M.
party in person
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ORDER
This Civil Revision Petition has been filed to set aside the order dated 10.12.2025 in EP.No.102 of 2023 in Arb.OP.No.1 of 2022 passed by the III Additional District Judge. Poonamallee, along with a petition to condone the delay of 114 days in filing the civil revision petition.
2. Today, when the matter is taken up for hearing, Ms.A.K.Vigashini, learned counsel for the petitioner and Mr.M.Gagan Bothra, party in person/ respondent bring to my notice that the III Additional District Judge, Poonamallee has disposed of E.A.No.2 of 2026 in E.P.No.102 of 2023, vide order dated 24.08.2026, dismissing the application filed by the petitioner under Order 21 Rule 106 r/w Section 151 of CPC, seeking to set aside the exparte order passed against him on 19.06.2025.
3. A perusal of the records shows that the petitioner was set exparte on 19.06.2025 by the executing court and thereafter, the impugned exparte order, dated 10.12.2025 has been passed, attaching the property of the petitioner/defendant.
CMP No. 18160 of 2026
4. It is contended by the revision petitioner that his application to set aside the exparte order dated 19.06.2025 was not even numbered by the executing court. However, subsequently, the application filed by the petitioner in E.A.No.2 of 2026 to set aside the above said exparte order, dated 19.06.2025, was dismissed by the Executing Court, by order dated 24.08.2026 and the copy of the said order has also been produced before this court.
5. In view of the subsequent order, dated 24.08.2026 passed by the Executing court in E.A.No.2 of 2026 in E.P.No.102 of 2023, no further order is required to be passed in this condone delay petition. Hence, this petition is dismissed. Consequently, the civil revision petition is rejected at the SR stage itself. However, liberty is granted to the petitioner to challenge the order passed by the Executing Court, dated 24.08.2026, in the manner known to law. There shall be no order as to costs. 01-09-2026 MST To.
1. The III Additional District Judge, Poonamallee.
CMP No. 18160 of 2026
P.B.BALAJI, J. MST CMP No. 18160 of 2026 in CRP SR No. 101917 of 2026 01-09-2026