K.Shankar vs R.Shankar Gargh
2025 Latest Caselaw 7782 Mad

Madras High Court

K.Shankar vs R.Shankar Gargh on 13 October, 2025

                                                                                           C.R.P.No.3002 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 13-10-2025
                                                    CORAM
                                    THE HONOURABLE MR.JUSTICE P.B. BALAJI
                                                     C.R.P.No.3002 of 2025

                  K.Shankar                                                                   .... Petitioner

                                                                   vs

                  1.R.Shankar Gargh
                  2.The Sub Registrar of Anna Nagar,
                    Sub-Registrar Office, Anna Nagar,
                    No.576, Mogappair West,
                    Ambattur Industrial Estate,
                    Chennai-600 037.                                                       ... Respondents

                            Revision filed under Article 227 of the Constitution of India to direct
                  9th Assistant Judge, City Civil Court, (Executing Court), Chennai to dispose
                  of E.A.No.8 of 2024 in E.P,.No.2895 of 2021 on its file forthwith.


                                    For Petitioner       :         Mr.Mr.J.Siddhardhan
                                    For Respondents :              Mr.N.Muthuvel
                                                                   Govt.Advocate (CS)
                                                                   For R.2
                                                                   R.1- No apperance

                                                              ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the second respondent.

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2. This Court by order dated 08.03.2024 in CRP No.2995 of 2021,

exercising power under Article 227 of the Constitution of India, proceeded to

set aside the judgment and decree in O.S.No.5353 of 2016 on the file of VII

Assistant City Civil Court, Chennai. However, the said order of this Court

was challenged before the Hon'ble Supreme Court by the plaintiff and the

Hon'ble Supreme Court by order dated 26.07.2024 has granted stay of the

order passed by this Court exercising power under Article 227 of the

Constitution of India. In view of the above, the petitioner has filed

application in E.A.No.8 of 2024 to restore E.P.No.2895 of 2021 to file which

was dismissed by the executing court.

3. The grievance of the petitioner is that despite stay granted by the

Hon'ble Supreme Court, the executing Court has not disposed of the

application in E.A.No.8 of 2024 to restore EP No.2895 of 2021 to file.

4. The second respondent has been served and he has not chosen to

appear either in person or through counsel.

5. In view of the limited prayer sought for by the petitioner in this

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revision, I do not see any prejudice being caused to the respondents if a

direction is issued to the executing court to dispose of E.A.No.8 of 2024.

6. Accordingly, the civil revision petition is allowed and the executing

Court viz., the 9th Assistant City Civil Court, Chennai is directed to dispose of

E.A.No.8 of 2024 in EP No.2895 of 2021 on merits and in accordance with

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

order. No costs.

13.10.2025

Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr

To

The 9th Assistant City Civil Court, Chennai

P.B.BALAJI.,J

sr

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13.10.2025

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