Madras High Court
Yasodhama vs V.Balaji on 6 November, 2025
C.R.P(NPD)No.5248 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2025
CORAM
THE HONOURABLE Mr.JUSTICE P.B. BALAJI
C.R.P(NPD)No. 5248 of 2025
and
C.M.P.No.26874 of 2025
T.Kondiah (Deceased)
1. Yasodhama
2. Bramaiah
3. Siddaiah
4. Chinna Brammaih
5. Vasantha Kumar ...Petitioners
vs-
V.Balaji ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India against the order dated 13.10.2025 in
E.A.Sr.No.47184 of 2025 in E.P.No.1511 of 2023 in O.S.No.2459 of 2022
on the file of IX Assistant City Civil Court at Chennai.
For Petitioner : Mr.K.Thenrajan
For Respondent : Mr.J.Ramkumar
ORDER
This Civil Revision has been filed seeking to set aside the order
passed by the Hon'ble IX Assistant City Civil Court at Chennai dated
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13.10.2025 in E.A.Sr.No.47184 of 2025 in E.P.No.1511 of 2023 in
O.S.No.2459 of 2022.
2. Heard the learned counsel for the petitioners and the learned
counsel for the respondents.
3. The petitioners have filed an application under Section 47 of the
Code of Civil Procedure questioning the executability of the decree in
O.S.No.2459 of 2022. The petitioners have alleged fraud and also undue
influence. The application, even at the stage of numbering, was heard under
the caption “for maintainability” and after hearing both the learned counsel
for the Judgment Debtors as well as the Decree Holder, the Executing Court
found no merit in the objections raised by the revision petitioners and
proceeded to dismiss the Section 47 application.
4. However, the learned counsel for the petitioners states that the
father of the petitioners was a defendant in the suit and pursuant to his
demise, the petitioners have taken out applications to set aside the exparte
decree along with an application to condone the delay in I.A.Nos.6 and 7 of
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2025 in O.S.No.2459 of 2002 on the file of the XXI Additional City Civil
Court at Chennai. He further submits that the said applications are being
enquired into and therefore prays that the execution proceedings may be
deferred and that a direction be issued to the trial court to dispose of the said
applications on merits and in accordance with law.
5. The learned counsel for the respondents would submit that the
petitioners have approached this Court with delay at every stage and are not
entitled to any indulgence whatsoever.
6. However, considering the fact that the Section 47 application has
been dismissed and the execution proceedings is about to be proceeded
with, in order to execute the decree and at the same time, the applications
filed to set aside the ex parte decree along with the application to condone
the delay are pending in I.A.Nos.6 and 7 of 2025, it would be fair and
proper for the trial court to take up the enquiry in the said interlocutory
applications and decide the same expeditiously and in any event, not later
than 05.12.2025. The execution proceedings shall either go on or be
dropped subject to the decision in I.A.Nos.6 and 7 of 2025 in O.S.No.2459
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of 2002.
7. The learned counsel for the petitioner has also brought to the
notice of this Court that the enquiry in I.A.Nos.6 and 7 of 2025 has been
posted to 17.12.2025. It is open to either of the parties to move an
application to advance the hearing in order to comply with the orders of this
Court.
8. With the above directions, this civil revision petition is disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
06.11.2025
Index : Yes/No
Speaking Order : Yes / No
srn
Note : Issue order copy on 10.11.2025.
To
The IX Assistant City Civil Court at Chennai
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P.B. BALAJI, J,
srn
and
06.11.2025
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