Madras High Court
CRP/2751/2026 of Dhuruva Achari Vs Poongavanam(died), 1.Ramalingam on 10 August 2026
CRP No. 2751 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 2751 of 2026
and CMP.No.11389 of 2026
1.Dhuruva Achari
S/o.Arihara Achari,
Rest.at Randam Village,
Vembakkam Tk.,
Tiruvannamalai Dist.
2.Shanthakumari
..Petitioner(s)
Vs
1.Poongavanam(died), 1.Ramalingam
S/o.Poongavanam,
228B, Amman Koil Street,
Devar Nagar,
Padi,
Chennai 600 050.
2.Vaithiyalingam
S/o.Poongavanam,
228B, Amman Koil Street,
Devar Nagar,
Padi,
Chennai 600 050.
..Respondent(s)
Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the fair and decreetal order dated 03-03-2026 passed in EA.No.1 of 2026 in EP.No.4 of 2025 in OS.No.503 of 2008, on the file of the Dist.Munsif Court, Cheyyar, Tiruvannamalai.
CRP No. 2751 of 2026
For Petitioner(s):
Mr.P.Mani
For Respondent(s):
Mr.V.Arunkumar
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ORDER
The Civil Revision Petition has been filed to set aside the fair and decreetal order dated 03-03-2026 passed in EA.No.1 of 2026 in EP.No.4 of 2025 in O.S.No.503 of 2008, on the file of the Dist.Munsif Court, Cheyyar, Tiruvannamalai.
2. Heard Mr. P.Mani, learned counsel for the petitioner and Mr.Arun Kumar, learned counsel for the respondents.
3. The revision petitioners are unsuccessful defendants, who are facing execution proceedings. According to Mr.Mani, learned counsel for the petitioner, without even noticing the pendency of the stay application filed in the Second Appeal, the Executing Court has proceeded to dismiss the application under Order 21 Rule 26 of CPC. Admittedly, even according to the petitioners, there is no interim stay granted by this Court in the Second Appeal. The petitioners have lost concurrently before two courts, as against which, the petitioner has approached this Court by way of Section 100 of CPC. Admittedly, when the petitioners have not been successful in getting an interim
CRP No. 2751 of 2026 order at the time of admission of the Second Appeal, I do not see how they can maintain an application in Order 21 Rule 26 of CPC. The application itself not maintainable and has rightly been dismissed by the Executing Court.
4. In light of the above, I am inclined to dispose of the revision petition by granting an interim protection to the petitioners for a period of four weeks from the date of receipt of a copy of the order, to enable the petitioners to move this Court in the pending second appeal for any such interim protection. If the petitioners are unable to get an interim order and the Executing Court shall proceed with the Execution Proceedings, after the lapse of the said period four weeks.
5. With the above observation and direction, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 10-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DPQ
CRP No. 2751 of 2026 P.B.BALAJI, J. DPQ CRP No. 2751 of 2026 10-08-2026