R.Karunakaran vs R.Kalavathy
2025 Latest Caselaw 8932 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.



                                      For Petitioner           Mrs.Chitra Sampath,
                                                               Senior Counsel,
                                                               For Ms.Gajalakshmi Karan
                                      For Respondent           Mr.Udayakumar



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                                                                 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

                     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
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                     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-

                     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

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                     To,
                     1.The VI Additional Judge, City Civil Court, Chennai.
                     2.The VII Additional Judge, City Civil Court, Chennai.




                                                                                      P.B. BALAJI, J.

smv

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and

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