R. Ashok vs V.Selvaraj
2025 Latest Caselaw 8637 Mad

Madras High Court

R. Ashok vs V.Selvaraj on 14 November, 2025

                                                                  CRP NO. 5725 of 2025
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 14-11-2025
                                                    CORAM
                                    THE HONOURABLE MR.JUSTICE P.B. BALAJI

                                    CRP NO. 5725 of 2025 and CMP No.28500 of 2025

                  R. Ashok                                                                 Petitioner

                                                                 Vs

                  V.Selvaraj                                                              Respondent
                            Revision filed under Section 115 of Civil Procedure Code to set aside

                  the impugned order dated 17.07.2025 passed by the Sub Judge, Pollachi in

                  I.A.No.4 of 2024 in E.P.No.155 of 2009 in O.S.No59 of 2004.

                                    For Petitioner: Ms.V.S.Usharani

                                    For Respondent: Mr.R.Kannan

                                                            ORDER

The petitioner is the son of the judgment debtor who has suffered a

decree for Specific Performance in O.S.No.59 of 2024.

2. The suit came to be decreed even in August 2009 when the father of

the petitioner was very much alive. Subsequently, the respondent has also

instituted execution proceedings in the year 2010 and the father of the

petitioner has also contested the execution petition. In the meantime, pending

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/11/2025 06:47:27 pm ) the execution petition, petitioner's father died and the decree holder has taken

out application to implead the legal representatives of the deceased father and

the application has been allowed. The petitioners sought for time to gather

particulars and file a counter since they were not parties to the suit and

according to them, they were under dark about the agreement entered into by

their father. It is also the case of the petitioner that he has a share in the

property which is an ancestral property.

3. Mr.Kannan, learned counsel for the caveator would submit that the

petitioner was well aware of the decree and only in order to defeat the decree,

a suit for partition has been filed alleging that the property is a joint family

property and obtained an exparte decree only to scuttle the rights of the

decree holder.

4. I find from the impugned order that the Executing Court has found

that the petitioner is attempting to protract the proceedings. There is no delay

in defending the execution proceedings and the petitioner has only sought for

time to file a counter. The excuse is justifiable since admittedly they are not

parties to the agreement of sale in a suit for specific performance and only

pending execution proceedings, they have been impleaded in the year 2023.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/11/2025 06:47:27 pm )

5. In the light of the above, I am inclined to grant indulgence to the

petitioner to contest the execution proceedings on merits. The order in

I.A.No.4 of 2024 ,which has also been filed in time, is set aside. It is noticed

that counter has been filed along with E.A.No.4 of 2024.

6. In the light of the above, the executing court shall decide the

execution petition in E.P.No.155 of 2009 on merits and in accordance with

law within a period of eight weeks from the date of receipt of a copy of this

order.

7. With the above direction, the civil revision petition is disposed of.

No costs. Consequently, connected miscellaneous petition is closed.

14-11-2025

Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr

To The Sub Judge, Pollachi

P.B.BALAJI.,J

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/11/2025 06:47:27 pm ) sr

CRP NO. 5725 of 2025

14.11.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/11/2025 06:47:27 pm )