Madras High Court
CRP/5282/2026 of V. Gowthaman Vs M. Kumaran on 24 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.5282 of 2026
V.Gowthaman
..Petitioner
Vs
M.Kumaran
..Respondent
Prayer: Civil Revision petition filed under Article 227 of the Constitution of India, to direct the V Additional District Court, Coimbatore to decide and dispose of E.A.No.3 of 2026 in E.P.No.169 of 2019 in O.S.No.493 of 2014
expeditiously.
For Petitioner:
Mr.T.Saikrishnan
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ORDER
This revision petition has been filed to direct the V Additional District Court, Coimbatore to decide and dispose of E.A.No.3 of 2026 in E.P.No.169 of 2019 in O.S.No.493 of 2014 expeditiously.
2. I have heard Mr.T.Saikrishnan, learned counsel for the revision petitioner.
3. Considering the limited scope of the revision petition, as well as the prayer made therein, I am inclined to dispense with notice to the respondent, who is not going to be in any manner prejudiced in and by this order.
4. The learned counsel for the revision petitioner states that the petitioner has filed E.P.No.169 of 2019 for execution of the decree in O.S.No.493 of 2014. In the execution petition, the judgment debtor remained ex-parte and the Court has also proceeded to auction the immovable property of the judgment debtor. Thereafter, there was a necessity to amend the execution petition, in which also, notice was ordered and the respondent-judgment debtor remained ex-parte. However, the grievance of the petitioner is that suo motu, the Court has set aside the auction sale. Hence, the petitioner has moved a review application in E.A.No.3 of 2026.
5. Considering the fact that the petitioner has become entitled to a decree as early as in 2019 and has not been successful in executing the decree, despite a passage of more than seven years and in view of the recent pronouncement of the Hon’ble Supreme Court in Periyammal’s case, I am inclined to issue a direction to the V Additional District Court, Coimbatore, to expedite enquiry in E.A.No.3 of 2026 (review application filed by the petitioner-decree holder) and dispose of the same, within a period of four weeks, from the date of receipt of a copy of this order. No costs. 24.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The V Additional District Court, Coimbatore.
P.B.BALAJI, J. ATA CRP No.5282 of 2026 24.08.2026