Precedent

Madras High Court

CRP/4904/2026 of Vinoth Vs R.Kumaravelu (Died) on 11 August 2026

Cites 1, Cited by 0

CRP No. 4904 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP No. 4904 of 2026

1. Vinoth

S/o. Nallabhupathi Residing at Gandhiji

Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

2. Vinothini,

D/o. Nallabhupathi Residing at Gandhiji

Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

3. Vignesh

S/o. Nallabhupathi Residing at Gandhiji

Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

4. Vivek

S/o. Nallabhupathi Residing at Gandhiji

Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District

5. Vinitha

D/o. Nallabhupathi Residing at Gandhiji

Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

Petitioner(s)

Vs

1/

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CRP No. 4904 of 2026

1. R.Kumaravelu (Died)

1. K. Thirumavalavan, S/o. Late R.

Kumaravelu Residing at No. 25,

Dharmapuram Road, Mayiladuthurai Town

and Taluk, Mayiladuthurai District.

2.K. Madhavan,

S/o. Late R. Kumaravelu Residing at No.

25, Dharmapuram Road, Mayiladuthurai

Town and Taluk, Mayiladuthurai District

3.K. Shyamala

S/o. Late R. Kumaravelu Residing at No.

25, Dharmapuram Road, Mayiladuthurai

Town and Taluk, Mayiladuthurai District.

4.Kiruthika,

D/o. Baskaran, Residing at

Arupathumoovar Pettai, Mayiladuthurai

Town and Taluk, Mayiladuthurai District

5.Pavithra @ Nandhini,

D/o. Baskaran, Residing at

Arupathumoovar Pettai, Mayiladuthurai

Town and Taluk, Mayiladuthurai District.

6.Meenatchi Vadivel

W/o. Vadivel, Residing at

SudukattuSamiyar Madam, Dharmapuram

Road, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

7.Baskaran

S/o. Saravanan, Residing at

Arupathumoovar Pettai, Mayiladuthurai

Town and Taluk, Mayiladuthurai District.

8.Basha @ Murugan,

2/

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CRP No. 4904 of 2026

S/o. Not Known Residing at Manganathan

Street, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

9.Sundarambal,

W/o. Saravanan, Residing at

SudukattuSamiyar Madam, Dharmapuram

Road, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

Karunakaran(Diseased)

10.Minor Priyadharshini

D/o. Vadivel Residing at SudukattuSamiyar Madam, Dharmapuram Road, Mayiladuthurai Town and Taluk, Mayiladuthurai District. rep by 6th Respondent - Meenatchi Vadivel

11.Minor Preethi,

D/o. Vadivel Residing at SudukattuSamiyar Madam, Dharmapuram Road, Mayiladuthurai Town and Taluk, Mayiladuthurai District (rep. by 6th Respondent - Meenatchi Vadivel)

12.Nallabhupathi

S/o. Saravanan, Residing at Keela Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

13.Ravi,

S/o. Ambalavanan, Residing at

SudukattuSamiyar Madam, Dharmapuram

Road, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

3/

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CRP No. 4904 of 2026

14.Venkatesan,

S/o. Ambalavanan, Residing at

SudukattuSamiyar Madam, Dharmapuram

Road, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

15.Sudalainathan,

S/o. Saravanan, Residing at

SudukattuSamiyar Madam, Dharmapuram

Road, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

16.Kavitha,

D/o. Sudalainathan, Residing at

SudukattuSamiyar Madam, Dharmapuram

Road, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

17.Bakkiri Ammal,

W/o. Late. Karunakaran, Residing at Keela Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

18.Manikandan,

S/o. Late. Karunakaran, Residing at Keela Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District.

19.Rajeswari,

D/o. Late. Karunakaran, Residing at Keela Street, Nallathukudi, Mayiladuthurai Town and Taluk, Mayiladuthurai District

20.Maheswari,

D/o. Late. Karunakaran and W/o. Kumar,

Residing at Kaliyamman Kovil Street,

Alangudi Post, Mayiladuthurai Town and

Taluk, Mayiladuthurai District.

4/

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CRP No. 4904 of 2026

21.Dhanalakshmi,

W/o. Ramanathan, Residing at

SonathanavuramVattam, Kotravanallur

Village, Mayiladuthurai Town and Taluk,

Mayiladuthurai District.

22.Vasanthi,

W/o. Jeevan, Residing opposite to MGR

Radha Nagar, Mass Mani Hall, Sirkali

Town and Taluk, Mayiladuthurai District.

Respondent(s)

Revision filed under Article 227 of Constitution of India to direct the Additional Sub Court, Mayiladuthurai to dispose of EA No.290 of 2016 in EP No.137 of 2014 in O.S.No.69 of 2006.

For Petitioner(s):

B.Jawahar

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ORDER

Heard Mr.B.Jawahar, learned counsel for the petitioners.

2. In view of the limited relief sought for in this revision, I am inclined to dispense with notice to the respondents.

3. The respondents 1 to 3 herein took out an application under Order XXI Rule 97 of Civil Procedure Code to obstruct the execution of the decree in favour of the petitioners. The grievance of the petitioners is that despite the application having been 5/

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CRP No. 4904 of 2026 filed in 2016, the same is being dragged on for close to ten years. Learned counsel for the petitioners also brings to my notice that the final decree was also passed way back on 03.04.2013 and despite the same, the petitioners are unable to execute the decree and get possession.

4. In the light of the limited relief sought for and also taking into account the directions of the Hon’ble Supreme Court in the cases of Periyammal (Dead Thr. Lrs.) vs V. Rajamani and Anr. etc, reported in, 2025 (2) CTC 404 and Rahul S. Shah v. Jinendra Kumar Gandhi, reported in AIR 2021 SC 216, I am inclined to direct the Executing Court to dispose of the application filed under Order XXI Rule 97 of Civil Procedure Code in E.A.No.290 of 2016 on or before 16.10.2026 and thereafter dispose of E.P.No.137 of 2014 in O.S.No.69 of 2006 within a period of four weeks thereafter.

5. With the above direction, the civil revision petition is allowed. No costs. 11.08.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order 6/

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CRP No. 4904 of 2026 To The Additional Sub Court, Mayiladuthurai 7/

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CRP No. 4904 of 2026 P.B.BALAJI.,J sr CRP No. 4904 of 2026 11.08.2026 8/

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