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

( Uploaded on: 02/11/2026 02:28:44 pm )

CRP No. 6888 of 2026

Page 1 of 2

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

( Uploaded on: 02/11/2026 02:28:44 pm )

CRP No. 6888 of 2026

To:- IX Assistant Judge, City Civil Court, Chennai.

( Uploaded on: 02/11/2026 02:28:44 pm )

CRP No. 6888 of 2026

S.SOUNTHAR, J. EP CRP No. 6888 of 2026 C.M.P.No.29618 of 2026 30-10-2026

( Uploaded on: 02/11/2026 02:28:44 pm )

Page 2 of 2

Loading citations and judicial treatment…

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead