Madras High Court
CRP/665/2023 of G.VIJAYALAKSHMI Vs MARGADARSI CHITS PRIVATE LIMITED on 2 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP Nos. 665 and 682 of 2023 and
CMP Nos.5242 and 5385 of 2023
CNR: {HCMA010175652023}
CRP No.665 of 2023
1. G.Vijayalakshmi
W/o.N.Ganeshan, No 18/24, Jakhiriya Colony Main Road, 2nd Floor, Kodambakkam, Chennai
24.
2. N.Ganeshan
S/o.P.Narayanan, No 18/24, Jakhiriya Colony Main Road, 2nd Floor, Kodambakkam, Chennai
24.
..Petitioner(s)
Vs
1. Margadarsi Chits Private Limited
2nd Floor, NO.24, Sardar Patel Road, Adyar, Chennai 20.
2. Jeevansethu, S/o.P.L.Ramanathan,
No.3 Murrsi Gate Road, R5, Bheemasena
Building, Azhvarpettai Chennai 18.
3. S. Sathiyanarayanan, S/o.L.Subramaniyan, No.96, 9th St, Annai Sathya Nagar, Nesappakkam, Chennai 78.
..Respondent(s)
CRP No.682 of 2023
1. G.Vijayalakshmi
2. N.Ganeshan
.. Petitioners
Vs.
1. Margadarsi Chits Private Limited,
1st Floor, Skathi Square,
No.24, Sardar Patel Road, Adayar,
Chennai 600 020.
2. M.Ramesh
3. N.Ramesh
4. S.Ravikumar
… Respondents
Prayer in CRP No.665 of 2023: Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the Fair and decreetal order dated 09.12.2022 passed in EP.No.1778 of 2021 in ARC.No.369 of 2018 on the file of the learned XXVIII Assistant City Civil Court, Chennai.
Prayer in CRP No.682 of 2023: Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the Fair and decreetal order dated 09.12.2022 passed in EP.No.1776 of 2021 in ARC.No.370 of 2018 on the file of the learned XXVIII Assistant City Civil Court, Chennai.
In both CRPs
For Petitioner(s):
Mr.N.Lakshmi Priya
for Mr. S.Mohan Raj
For Respondent(s):
Mr. D.Shivakumaran for R1
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COMMON ORDER
Both the Civil Revision Petitions have been filed challenging the order passed by the Executing Court, allowing execution petitions in E.P.Nos. 1776 and 1778 of 2021 filed by the first respondent seeking recovery of money, based on the Award passed by the Registrar of Chits.
2. It is not in dispute that the first respondent obtained an Award in ARC Nos.369 and 370 of 2018 for recovery of money against the petitioners and other respondents and the said Award has been put into execution in E.P.Nos.1776 and 1778 of 2021 on the file of XXVIII Assistant Judge, City Civil Court, Chennai. The Execution Petitions filed by the 1st respondent were resisted by the petitioners mainly on the ground that they are only the sureties and the first respondent, without proceeding against the immovable properties of the principal debtor, which have been already attached, unnecessarily prosecuted the proceedings against the petitioners.
3. It is settled law that the liability of the sureties is coextensive with that of the principal debtor and the sureties cannot dictate to the creditor to proceed against the principal debtor instead of proceeding against them. The said legal position was rightly appreciated by the Executing Court and the execution petitions filed by the first respondent were allowed, overruling the objections raised by the petitioners. I do not find any legal error in the impugned orders passed by the Executing Court.
4. Accordingly, CRP Nos.665 and 682 of 2023 are dismissed. There shall be no order as to costs. Connected miscellaneous petitions are closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The XXVIII Assistant Judge, City Civil Court, Chennai.
S.SOUNTHAR, J. MST CRP Nos. 665 and 682 of 2023 02-11-2026