Madras High Court
CRP/4940/2026 of Thahira Vs N.Mohana on 12 August 2026
C.R.P.No.4940 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2026
CORAM
THE HON’BLE MR.JUSTICE P.B. BALAJI
C.R.P.No.4940 of 2026
and
C.M.P.No.21570 of 2026
Thahira
... Petitioner
Vs.
1. N.Mohana
2. A.Ramesh
... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 06.08.2026 in E.A.(SR).No.59683 of 2026 in E.P.No.22 of 2026 in O.S.No.189 of 2021 by the Learned X
Assistant Judge, (Incharge Judge XXVIII Assistant), City Civil Court at Chennai, consequently, direct the Executing Court to number the E.A.
(SR).No.59683 of 2026 and thereby allow the above Civil Revision Petition.
For Petitioner : Mr.R.Abdul Mubeen
For Respondents : Mr.S.Annamalai for Caveator R1
and Mr.S.Venkatesan
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C.R.P.No.4940 of 2026
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ORDER
Heard Mr.R.Abdul Mubeen, learned counsel for the petitioner, and Mr.S.Annamalai, learned counsel for the 1st respondent / caveator.
2. The petitioner is aggrieved by the dismissal of the application under Order 21 Rule 26 CPC, seeking a stay pending the condone delay application filed in preferring the first appeal.
3. According to Mr.R.Abdul Mubeen, learned counsel for the petitioner, the condone delay application has been amended even to include the auction purchaser as one of the respondents, and it is now posted for filing counter affidavit by the respondents, including the auction purchaser/caveator.
4. Considering the fact that the appeal has already been filed, I am unable to see any prima facie error in the view taken by the Court below in dismissing the Order 21 Rule 26 application.
5. However, considering the fact that the condone delay application in filing the appeal is pending and notice has also been served to the
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C.R.P.No.4940 of 2026 respondents, to balance equities, this Civil Revision Petition is dismissed with the following directions:-
i) The Order in E.A(SR)No.59683 of 2026 is confirmed. However, there shall be an interim stay of the execution proceedings for a period of eight weeks from the date of receipt of a copy of this order.
ii) The First Appellate Court shall decide the condone delay application in C.M.P.No.15258 of 2026 within a period of 4 weeks from the date of receipt of a copy of this order. In the meantime, it shall be open to the respondents, including the caveator, to file a counter affidavit opposing the condone delay application.
iii) Subject to the result of the condone delay application, in the event of the same being dismissed, it shall be open to the respondent/caveater to proceed with the E.P. from the present stage. In the event of the condone delay application being allowed, the petitioner shall be given an additional two weeks to have the appeal numbered and move an interim stay application in the pending appeal.
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C.R.P.No.4940 of 2026
iv) In the event of the petitioner not succeeding in obtaining any interim order within the extended period of two weeks also, even then the respondent/cavator is entitled to proceed with the E.P. thereafter. No costs. Connected miscellaneous petition is closed. 12.08.2026 raja Neutral Citation : Yes / No To The X Assistant Judge, (Incharge Judge XXVIII Assistant), City Civil Court, Chennai
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C.R.P.No.4940 of 2026
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C.R.P.No.4940 of 2026 P.B.BALAJI
, J.
raja C.R.P.No.4940 of 2026 and C.M.P.No.21570 of 2026 12.08.2026
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