Madras High Court
CRP/6374/2025 of N. Kotteeswaran Arulraj Vs Boopalan on 29 October 2026
CRP No. 6374 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6374 of 2025
C.M.P.No.31557 of 2025
CNR: {HCMA012770872025}
N.Kotteeswaran Arulraj
..Petitioner(s)
Vs
Boopalan
..Respondent(s)
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to call for the records and strike off the proceedings of Execution Petition No.42 of 2024 in O.S.No.100 of 2019 on the file of the learned Principal Sub Judge at Ponneri and allow this CRP.
For Petitioner(s):
C/V M/s.M.Lourdu Savio
For Respondent(s):
M/S.E.Prabu
ORDER
The Civil Revision Petition is filed seeking to strike off the Execution Petition filed by the respondent / Decree Holder.
2. The respondent obtained a decree for recovery of possession in O.S.No.100 of 2019 on the file of Sub Court, Ponneri. The said decree was put into execution in E.P.No.42 of 2024. The petitioner filed instant Revision seeking to strike off the Execution Petition mainly on the ground that respondent suppressed the pendency of the appeal filed by the petitioner and also stay application.
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CRP No. 6374 of 2025
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3. It is brought to the notice of this Court appeal filed by the petitioner in A.S.No.68 of 2024 was disposed of as early as 26.09.2025. The copy of the judgment passed in A.S.No.68 of 2024 is also produced before this Court. Therefore, as on today the appeal filed by the petitioner is not pending. In fact, the Civil Revision Petition was filed before this Court only on 11.11.2025, subsequent to the disposal of the first appeal by the First Appellate Court. Merely because an appeal is pending, the Executing Court need not stay the proceedings unless the petitioner is able to get a stay order from the Appellate Court.
4. It is seen from the records when the Civil Revision Petition was filed by the petitioner, the First Appeal filed by the petitioner was not at all pending and the same was disposed of as early as 26.09.2025. Therefore, the petitioner has no ground to strike off the Execution Petition filed by the respondent. Hence, the Civil Revision Petition stands dismissed. Consequently, connected Civil Miscellaneous Petition is closed. No costs. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP
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CRP No. 6374 of 2025
To:- The Principal Sub Judge, Ponneri.
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CRP No. 6374 of 2025
S.SOUNTHAR, J. EP CRP No. 6374 of 2025 C.M.P.No.31557 of 2025 29-10-2026
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