Madras High Court
M.Sivakumar vs Ameerunnissa Begum Sahiba Endowment on 6 April, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP No. 1732 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 1732 of 2026
AND
CMP NO. 7930 OF 2026
M.Sivakumar
S/o.Late K.Munusamy,
No.13, Abdul Khader St,
Mount Road,
Chennai 002.
..Petitioner(s)
Vs
Ameerunnissa Begum Sahiba Endowment
Rep.by its President,
H.M.Muneeb,
No.76,
Pycrofts Road (Bharathi Salai),
Triplicane,
Chennai 005.
..Respondent(s)
PRAYER IN CRP No. 1732 of 2026
Civil Revision Petition filed under Art.227 of Constitution of India,
praying to set aside the fair and Decreetal order dated 8.1.2026 passed by the
Learned X Assistant City Civil Judge, Chennai in EA.SR.No.88026/2025 in
EA.No.4/2025 in EP.No. 3698/2022 in OS.No. 3189/2011.
PRAYER IN CMP No. 7930 of 2026
Civil Miscellaneous Petition filed under Sec.151 of C.P.C., praying to
grant interim stay of all further proceedings in EA.No.4/2025 in EP.No.
3698/2022.
For Petitioner(s): Mr.S.Giri Tharan
__________
Page1 of 5
https://www.mhc.tn.gov.in/judis
CRP No. 1732 of 2026
For Respondent(s): Mr.L.Gavaskar
ORDER
Challenging the impugned order passed in E.A.SR.No.88026 of 2025 in E.A.No.4 of 2025 in E.P.No. 3698 of 2022 in O.S.No.3189 of 2011 by the learned X Assistant Judge, City Civil Court, Chennai, the Revision Petitioner/2nd Judgment Debtor preferred this Civil Revision Petition.
2.Before the Executing Court, the Revision Petitioner filed an application under Sec.58 and 60 of BSA read with Sec.151 of C.P.C. praying to admit the photocopies as valid secondary evidence and mark the same as exhibits in E.A.No.4 of 2025, direct the prompt continuation of re-examination and cross- examination on these documents and ensure the disposal of E.A.No.04 of 2025 on merit and to allow the production of certified copies of said documents at a later stage. Even before numbering the application filed under Sec.47 of C.P.C. in E.A.SR.No. 35226 of 2023, the Executing Court has rejected the application, which was already challenged before this court, wherein, a direction was issued by this court to dispose the application after giving proper opportunity to both parties. Inspite of that, Sec.47 application was dismissed by the Executing Court in a hurried manner without giving proper opportunity to the Judgment Debtor to produce the document. Therefore, after the dismissal of Sec.47 application in __________ Page2 of 5 https://www.mhc.tn.gov.in/judis CRP No. 1732 of 2026 E.A.No.4 of 2025, the Executing Court has passed an order of delivery. Further, before the Executing Court, they have filed the application to receive the documents, but without numbering, it was rejected. Aggrieved over that, this Civil Revision Petition has been filed.
3.The learned counsel for revision petitioner would submit that those documents are very much necessary for the Judgment Debtors to prove their defence, since already decree was obtained exparte before the trial court by the decree holder. But, without giving fair opportunity, the Executing Court has proceeded with the matter. Hence, he prayed to stay the proceedings in the Execution Petition.
4.The learned counsel for respondent raised objections stating that the suit for ejectment was filed in the year 2011 and all these years, he was dragged on with the proceedings, since his claim under Sec.47 of C.P.C. is not sustainable one and his ownership is also admitted. Therefore, the Executing Court has rightly rejected the application filed in E.A.SR No.88026 of 2025, which requires no interference.
5.As on date, challenging the order passed in E.A.SR.No.88026 of 2025, the 2nd Judgment Debtor preferred this Civil Revision Petition. Admittedly, before the trial court, an exparte decree was obtained by the Decree Holder in __________ Page3 of 5 https://www.mhc.tn.gov.in/judis CRP No. 1732 of 2026 O.S.No.3189 of 2011. So, by filing application under Sec.47 of C.P.C. in E.A.No.4 of 2025, the Judgment Debtor is entitled to raise his defence. If opportunity is not given to him, his right to defend the case will be defeated and in such circumstances, if the executing court initiated proceedings to execute the decree, it will lead to miscarriage of justice. Therefore, all further proceedings in E.A.No.4 of 2025 in E.P.No.3698 of 2022 on the file of X Assistant Judge, City Civil Court, Chennai, is ordered to be stayed.
6. Admit.
7.Issue notice to the respondent returnable by 11.06.2026. Private notice is also permitted.
8.Post the matter on 11.06.2026.
06-04-2026 RPP To The X Assistant Judge, City Civil Court, Chennai.
__________ Page4 of 5 https://www.mhc.tn.gov.in/judis CRP No. 1732 of 2026 T.V.THAMILSELVI J.
RPP CRP No. 1732 of 2026 AND CMP NO. 7930 OF 2026 06-04-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis