CRP/6237/2026 of Shenbaga Residency and Convention Centre Vs Muniammal Alias Santha on 27 October 2026

ORDER

The Civil Revision Petition is filed challenging the order of delivery passed by the Executing Court .

CRP No. 6237 of 2026

2. The respondents 1 and 2 filed a suit for partition against the predecessor in interest of other respondent namely Patchaippan @ Shanmugam in O.S.No.238 of 1991 on the file of the learned Subordinate Judge, Puducherry. In the said suit preliminary decree allotting 2/3rd share was passed in favour of the respondents 1 and 2. Thereafter, the respondents 1 and 2 filed final decree application in I.A.No.3 of 1994. The final decree was passed in favour of the respondents 1 and 2 allotting 2/3rd share. Based on the final decree, the respondents 1 and 2 filed petition seeking execution of the decree in E.P.No.407 of 2023. The petitioner herein filed an application under Order XXI Rule 97 of Code of Civil Procedure seeking declaration the decree was inexecutable one. The said application was dismissed by the Executing Court. Aggrieved by the same, the petitioner preferred an appeal in ATN20230003582C202600007 on the file of the Principal District Court, Puducherry on 04.10.2026. In the meantime, the Executing Court by impugned order passed delivery order. Aggrieved by the same, the petitioner has come before this Court.

3. The petitioner aggrieved by the dismissal of the obstruction petition already filed appeal before the First Appellate Court. It is for the petitioner to file appropriate stay petition before the trial Court and work out his remedy in the manner known to law. Since, the obstruction petition filed by the petitioner is already dismissed by the Executing Court as a necessary consequence, the Executing Court passed order for delivery. The same cannot be a subject matter

CRP No. 6237 of 2026

of challenge in a Revision. When the petitioner has got appeal remedy against the dismissal of the obstruction petition, the petitioner is granted three weeks time to file appropriate application before the First Appellate Court and workout his remedy. In the meantime, the order of delivery passed by the Executing Court is kept in abeyance. With this clarification, the Civil Revision Petition stands disposed of. Consequently, connected Civil Miscellaneous Petition is closed. No costs. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP To:- The Principal Sub Court, Puducherry.

CRP No. 6237 of 2026

S.SOUNTHAR, J. EP CRP No. 6237 of 2026 C.M.P.No.26935 of 2026 27-10-2026