Madras High Court

CRP/5226/2026 of Kavitha Vs Deivasigamani on 20 August 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP. No.5226 of 2026

and CMP. No.22756 of 2026

Kavitha

..Petitioner

Vs

1.Deivasigamani

2.Ponmalar Nithiyagam

..Respondents

Prayer: This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 02.07.2026 made in R.E.A. No.4 of 2026 in R.E.A. No.4 of 2020 in R.E.P. No.15 of 2017, passed by the learned Additional Subordinate Jude, Namakkal.

For Petitioner(s):

Mr.J.Sathish

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ORDER

The revision petitioner is aggrieved by dismissal of the Application in REA. No.4 of 2026 in REA. No.4 of 2020 in REP. No.15 of 2017. The said application was filed by the revision petitioner to implead herself as a party in the Execution Proceedings.

2. It is the case of the revision petitioner that the subject matter of the property which is now under attachment belonged absolutely to the petitioner

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and the petitioner is also in possession of substantial title deeds and revenue records to substantiate her contentions. The learned counsel for the petitioner therefore states that an opportunity should have been given to the petitioner by the Executing Court by allowing the impleading application to enable the petitioner to putforth her objections.

3. Today, admittedly, the suit has been decreed and the said decree is put to execution. I do not see any useful purpose in impleading a third party to the Execution Proceedings and the impleadment also will not give any relief whatsoever to the revision petitioner. The remedy available to the revision petitioner under Order XXI, Rule 58 CPC, raising objections to the order of attachment.

4. In fine, this Civil Revision Petition is dismissed with liberty to the petitioner to move appropriate application under Order XXI, Rule 58 CPC. Consequently, connected Miscellaneous Petition is also dismissed. No costs. 20-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP

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To The Additional Subordinate Jude, Namakkal

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P.B.BALAJI, J. rkp CRP. No.5226 of 2026 and CMP. No.22756 of 2026 20.08.2026

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