Madras High Court
CRP/2939/2026 of A.K.Palanisamy Vs Ananthakrishnan Raguram on 13 August 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.2939 of 2026
& CMP.No.12070 of 2026
A.K.Palanisamy
..Petitioner
Vs
Ananthakrishnan Raguram
..Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 06.04.2026 in E.P.No.2184 of 2025 in O.S.No.5171 of 2023 on the file of the X Assistant City Civil Court, Chennai.
For Petitioner(s):
Mr.V.Jeyaprakasham
For Respondent(s):
Mr.S.Saravanan
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ORDER
The matter is listed today under the caption ‘for being mentioned’.
2. It is brought to my notice that there is a typographical error in the order dated 13.08.2026 at paragraph No.5(i) and in to address portion, the name of the Court has been inadvertently typed as XIX Assistant City Civil Court, Chennai, instead of XIX Additional City Civil Court, Chennai.
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3. Considering the above, the Registry is directed to carry out necessary correction in the order dated 13.08.2026 and issue a fresh order copy to the parties. 10.09.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
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P.B.BALAJI, J. ATA To
1. The X Assistant City Civil Court, Chennai.
2. The XIX Additional City Civil Court, Chennai. CRP No.2939 of 2026 10.09.2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No.2939 of 2026 & CMP.No.12070 of 2026 A.K.Palanisamy ..Petitioner Vs Ananthakrishnan Raguram ..Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 06.04.2026 in E.P.No.2184 of 2025 in O.S.No.5171 of 2023 on the file of the X Assistant City Civil Court, Chennai. For Petitioner(s): Mr.V.Jeyaprakasham For Respondent(s): Mr.S.Saravanan
ORDER
This revision petition has been filed to set aside the order dated 06.04.2026 in E.P.No.2184 of 2025 in O.S.No.5171 of 2023 on the file of the X Assistant City Civil Court, Chennai.
2. I have heard Mr.V.Jeyaprakasham, learned counsel for the revision petitioner and Mr.S.Saravanan, learned counsel for the respondent.
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3. The petitioner is the defendant in a suit for recovery of arrears of rent payable in respect of tenanted premises which was under the occupation of the revision petitioner. The petitioner/defendant has been set ex-parte in the suit, pursuant to which, execution proceedings were instituted in E.P.No.2184 of 2025 on the file of the X Assistant City Civil Court, Chennai. The Executing Court has now passed the impugned order, directing attachment and sale of the movable properties lying at the premises of the revision petitioner. The said order of attachment is now under challenge in the revision petition.
4. The learned counsel for the revision petitioner states that the execution petition has been filed on the strength of an ex-parte decree. However, the petitioner has already moved an application to set aside the ex-parte decree under Order IX Rule 13 of CPC, along with an application under Section 5 of the Limitation Act, to condone the delay of 870 days. The said application for condonation of delay is now pending final enquiry. The learned counsel for the petitioner also states that the petitioner is now willing to deposit a sum of Rs.3,00,000/- to the credit of E.P.No.2184 of 2025, within a period of one week from the date of receipt of a copy of this order.
5. The Executing Court has proceeded to order attachment, only on the ground that as on the date, there was no application filed to even set aside the
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ex-parte decree. In the light of the admitted position that today an application for condonation of delay, along with an application to set aside the ex-parte decree are pending, I am inclined to allow the Civil Revision Petition and set aside the order of attachment and sale in E.P.No.2184 of 2025 dated 06.04.2026, subject to the following conditions:
(i) The revision petitioner shall deposit a sum of Rs.3,00,000/- to the credit of O.S.No.5171 of 2023 on the file of the XIX Assistant City Civil Court, Chennai, within a period of one week from the date of receipt of a copy of this order;
(ii) The respondent shall file a counter in the Section 5 application, within a period of two weeks from the date of receipt of a copy of this order;
(iii) Subject to the compliance of the condition to deposit Rs.3,00,000/- in clause - (i) supra, the Trial Court shall enquire into the Section 5 application and dispose of the same, within a period of four weeks thereafter;
(iv) Subject to the result of the condone delay application, it shall be open to the respondent to seek for payment out and also proceed with the execution petition. Till such time, the Execution Petition shall kept alive; and
(v) No costs. Connected Civil Miscellaneous Petition is closed. 13.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
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P.B.BALAJI, J. ATA To
1. The X Assistant City Civil Court, Chennai.
2. The XIX Assistant City Civil Court, Chennai. CRP No.2939 of 2026 13.08.2026
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