D.Saravanan vs P.Elango
2025 Latest Caselaw 568 Mad

Madras High Court

D.Saravanan vs P.Elango on 5 June, 2025

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                          C.R.P.No.2012 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 05.06.2025

                                                              CORAM :

                            THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                                 C.R.P.No.2012 of 2025
                                                         and
                                                C.M.P.No.11610 of 2025

                   D.Saravanan                                                                 ... Petitioner
                                                                 Vs.


                   P.Elango                                                                  ... Respondent


                   PRAYER: Civil Revision Petition filed under Section 115 of the Code of

                   Civil Procedure against the fair and decretal order dated 08.04.2025 for the

                   issue of a fresh proclamation and sale on 04.06.2025 in E.P.No.881 of 2020

                   in O.S.No.1452 of 2015 on the file of the XXVI Assistant City Civil Court,

                   Chennai.



                                    For Petitioner        :    Ms.R.Kalaivani
                                                               for Mr.V.Balasubramani

                                    For Respondent        :    Mr.S.Gunaseelan




                   Page 1 of 5



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                                                                                        C.R.P.No.2012 of 2025

                                                         ORDER

Challenging the order of the XXVI Assistant City Civil Court,

Chennai, dated 04.06.2025 in E.P.No.881 of 2020 in O.S.No.1452 of 2015,

directing a fresh proclamation and sale on 04.06.2025, the present Civil

Revision Petition has been filed.

2.The respondent/decree holder has filed the Execution Petition in

E.P.No.881 of 2020 to execute the ex parte decree passed in O.S.No.1452 of

2015 on 01.07.2022. The Execution Court had earlier passed an order on

20.12.2024 directing proclamation of sale and since no one participated in

the earlier public auction, the sale was not materialised, and therefore, on

08.04.2025, the impugned order has been passed for fresh proclamation

fixing the sale on 04.06.2025. Challenging the said order dated 08.04.2025,

the present revision has been filed by the judgment debtor.

3.Though this Court earlier granted interim order in this Civil

Revision Petition and directed the petitioner to deposit a sum of Rs.5 Lakhs,

at the outset, this Court is of the view that the very Civil Revision Petition

itself is not maintainable for the simple reason that the proclamation has not

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been filed and not drawn by the Court. The Execution Court has simply

passed an order directing the decree holder to file a fresh proclamation.

Once a proclamation is filed, such proclamation has to be drawn up after

notice to the decree holder and the judgment debtor stating the date, time

and place of sale. Therefore, even before filing of any such proclamation,

as a matter of right, the Execution Petition cannot be stalled. First, let the

decree holder file a proclamation and thereafter, the Execution Court shall

hear both sides and proclamation shall be drawn.

4.The other concern of the learned counsel for the petitioner is that

the property of the petitioner is worth more than Rs.1 Crore and the entire

property is sought to be sold. That has to be established before the

Execution Court. The Execution Court shall strictly follow the provisions

under Order 21 Rule 64 of CPC while bringing the property for sale and any

amount deposited pursuant to the orders of this Court shall be given due

adjustment towards the E.P. amount.

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5.With the above observations, this Civil Revision Petition is

dismissed. No costs. Consequently, connected miscellaneous petition is

closed.

05.06.2025

mkn

Internet : Yes Index : Yes / No Speaking order / Nonspeaking order Neutral Citation : Yes / No

To

The XXVI Assistant Judge, City Civil Court, Chennai.

N. SATHISH KUMAR, J.

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mkn

05.06.2025

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