R.Karunakaran vs R.Kalavathy
2025 Latest Caselaw 8928 Mad

Madras High Court

R.Karunakaran vs R.Kalavathy on 25 November, 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 25.11.2025

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE P.B. BALAJI


                                                C.R.P. No.6010 of 2025
                                                               and
                                               C.M.P. No.29731 of 2025



                     R.Karunakaran
                                                         ...Petitioner / Judgment Debtor / Defendant



                                                                Vs.



                     R.Kalavathy                         .. Respondent / Decree Holder / Plaintiff




                     PRAYER: This Civil Revision Petition is filed under Section 227 of the

                     Constitution of India, to set aside the order passed in E.A.Sr.No.41650 of

                     2025 dated 11.11.2025 in E.P.No.5982 of 2022 in O.S.No.3880 of 2019 on

                     the file of the IX Assistant City Civil Court, Chennai.



                     1/6




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 27/11/2025 05:25:20 pm )
                                          For Petitioner          Mrs.Chitra Sampath,
                                                                  Senior Counsel,
                                                                  For Ms.Gajalakshmi Karan
                                          For Respondent          Mr.Udayakumar




                                                                 ORDER

Heard Mrs.Chitra Sampath, learned Senior Counsel for the petitioner

and Mr.Udayakumar, learned counsel for the respondent.

2.The learned Senior Counsel would submit that, as against the

judgment of the trial Court, a regular First Appeal has been filed. It is

pending before the VII Additional Judge, City Civil Court, Chennai. The

learned Senior Counsel would submit that the appellant has already argued

the appeal and it is posted for the argument of the respondent and when the

office of the Court became vacant, the matter was subsequently being heard

by the VI Additional Judge, City Civil Court, Chennai, in-charge of the VII

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 05:25:20 pm ) Additional City Civil Court, Chennai. The learned Senior Counsel further

stated that now both the counsels have argued the appeal and it is posted for

the reply arguments by the appellant tomorrow i.e., 26.11.2025.

3.In the meantime, the respondent proceeded with the execution

petition and the executing Court finding that there is no interim stay granted

by the First Appellate Court has ordered delivery on 14.11.2025. Aggrieved

by the same, the present revision petition has been filed.

4.Though there is no interim stay granted in the first appeal, I find that

the appellant has been ready for expeditious disposal of the appeal and in

fact, argued the appeal also and the appeal is at the fag end of the hearing. It

would, therefore, suffice to confirm the impugned order in the revision and

accordingly, the same is confirmed. However, the delivery warrant shall be

deferred for a period of four weeks, from the date of receipt of a copy of this

order.

5.The learned VI Additional Judge, City Civil Court, Chennai, in-

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 05:25:20 pm ) charge of the VII Additional City Civil Court, Chennai, is requested to

conclude the argument and dispose of A.S.No.109 of 2024, on or before

15.12.2025.

6.With the above observation, this Civil Revision Petition is disposed

of. No costs. Consequently, connected Civil Miscellaneous Petition is

closed.

                                                                                             25.11.2025
                     smv
                     Index                    :Yes/No
                     Neutral Citation         :Yes/No
                     Speaking order           :Yes/No




                     To,

1.The VI Additional Judge, City Civil Court, Chennai.

2.The VII Additional Judge, City Civil Court, Chennai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 05:25:20 pm ) P.B. BALAJI, J.

smv

and

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 05:25:20 pm ) 25.11.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 05:25:20 pm )