Madras High Court
CRP/6888/2026 of Selvakumari Vs Rajappa Thiyagarajan on 30 October 2026
CRP No. 6888 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6888 of 2026
C.M.P.No.29618 of 2026
CNR: {HCMA012499552026}
M.Selvakumari
..Petitioner(s)
Vs
Rajappa Thiyagarajan
..Respondent(s)
Prayer:- Civil Revision Petition filed under Section 115 of Civil Procedure Code, pleased to allow the above Civil Revision Petition by setting aside the Docket order dated 28.09.2016 in returning E.A.SR.No.69378 of 2026 in E.P.No.3855 of 2013 in O.S.No.11229 of 2010 on the file of IX Assistant Judge, City Civil Court, at Chennai as not maintainable.
For Petitioner(s):
Mr.G.V.Sridharan
For Respondent(s):
Mr.B.Senthilkumar
ORDER
The Civil Revision Petition is filed challenging the order returning an application filed by the petitioner seeking to set aside the ex-parte order dated 01.03.2023 passed against him in the Execution Petition.
2. The respondent herein / Decree holder obtained money decree against the petitioner and the same was put into execution in E.P.No.3855 of 2013. In the said Execution Petition, the petitioner was set ex-parte on 01.03.2023. The petitioner filed instant application seeking to set aside the ex-parte order dated
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CRP No. 6888 of 2026
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01.03.2023. The instant application has been filed only on 11.09.2026. The Executing Court returned the application filed by the petitioner as not maintainable. Aggrieved by the same, the petitioner has come before this Court.
3. It is seen from the typed set of papers subsequent to order setting the petitioner ex-parte on 01.03.2023, the Executing Court proceeded with Execution Petition and passed order of attachment of the property. Now, the Execution Petition is in the stage of sale proclamation. Without challenging the subsequent order of attachment, the petitioner is not entitled to challenge the earlier order setting him ex-parte. Therefore, the view of the Executing Court that present application was not maintainable cannot be faulted. I do not find any error in the impugned order passed by the Executing Court. Accordingly, the Civil Revision Petition stands dismissed. Consequently, connected Civil Miscellaneous Petition is closed. No costs. 30-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP
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CRP No. 6888 of 2026
To:- IX Assistant Judge, City Civil Court, Chennai.
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CRP No. 6888 of 2026
S.SOUNTHAR, J. EP CRP No. 6888 of 2026 C.M.P.No.29618 of 2026 30-10-2026
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