Madras High Court
M.Sivakumar vs Ameerunnissa Begum Sahiba Endowment on 6 April, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP No. 2003 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. 2003 of 2026
AND
CMP NO. 8912 OF 2026
M.Sivakumar
S/O. Late K. Munusamy,
No.13, Abdul Khader Street,
Mount Road,
Chennai - 600002.
..Petitioner(s)
Vs
Ameerunnissa Begum Sahiba Endowment
Rep. by its President,
H.M.Muneeb,
No.76, Pycrofts Road (Bharathi Salai),
Triplicane,
Chennai - 600005.
..Respondent(s)
PRAYER IN CRP No. 2003 of 2026
Civil Revision Petition filed under Sec. 115 of C.P.C., praying to set aside
the fair and decreetal order dated 05-02-2026 passed in EA.No.4 of 2025 in
EP.No.3698 of 2022 in OS.No.3189 of 2011 on the file of the X Asst. City Civil
Court, Chennai.
PRAYER IN CMP No. 8912 of 2026
Civil Miscellaneous Petition filed under Sec.151 of C.P.C., praying to
grant interim stay of all further proceedings in EP.No.3698 of 2022 on the file
of the X Asst.city Civil Court, Chennai.
For Petitioner(s): Mr.S.Giri Tharan
For Respondent(s): Mr.L.Gavaskar
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CRP No. 2003 of 2026
ORDER
Challenging the impugned order passed 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/2 nd Judgment Debtor preferred this Civil Revision Petition.
2.Before the Executing Court, the Revision Petitioner filed an application under Sec.47 of C.P.C. to dismiss the execution petition. Even before numbering the same, 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 filed in E.A.No.4 of 2025 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 E.A.No.4 of 2025, the Executing Court has passed an order of delivery. Aggrieved over that, this Civil Revision Petition has been filed.
3.The learned counsel for revision petitioner would submit that already the decree was obtained exparte before the trial court by the decree holder. But, without giving fair opportunity, the Executing Court has proceeded with the __________ Page2 of 5 https://www.mhc.tn.gov.in/judis CRP No. 2003 of 2026 matter and dismissed the application as such is erroneous one. 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 dismissed the application filed in E.A.No.4 of 2025, which requires no interference.
5.As on date, challenging the order passed in E.A.No.4 of 2025, the 2 nd Judgment Debtor preferred this Civil Revision Petition. Admittedly, before the trial court, an exparte decree was obtained by the Decree Holder in O.S.No.3189 of 2011. So, by filing application under Sec.47 of C.P.C., 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.P.No.3698 of 2022 on the file of X Assistant Judge, City Civil Court, Chennai, is ordered to be stayed.
6. Admit.
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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. 2003 of 2026 T.V.THAMILSELVI J.
RPP CRP No. 2003 of 2026 AND CMP NO. 8912 OF 2026 06-04-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis