M.M.Babu vs M/S. Young Men Christian Association on 7 August, 2025

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Madras High Court

M.M.Babu vs M/S. Young Men Christian Association on 7 August, 2025

Bench: N. Sathish Kumar

                                                                                                CRP No.1652 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated :           07.08.2025

                                                          CORAM

                             THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                                CRP. No.1652 of 2025
                                                        and
                                                CMPNo.9568 of 2025


                     M.M.Babu                                                          ...   Petitioner

                                                         Vs.
                     1. M/s. Young Men Christian Association,
                        rep. By their General Secretary,
                        P.Asir Pandian, YMCA Building,
                        No.223, NSC Bose Road,
                        Chennai 600 001.

                     2. S.B.Chandrakumar

                     3. C.Rahul Gupta                                                  ...   Respondents



                     Prayer : Civil Revision petition has been filed under Section 115 of CPC

                     to set aside the order passed by the XIV Small Causes Court, Chennai in

                     E.A.No.2 of 2024 in E.P.No.275 of 2021 in RCOP No.1299 of 2018 dated

                     04.03.2025 .



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https://www.mhc.tn.gov.in/judis              ( Uploaded on: 13/08/2025 11:28:51 am )
                                                                                              CRP No.1652 of 2025


                                        For Petitioner        :        Mr. S. Sankaralingam

                                        For respondents       :        Mr. V.R.Thangavelu,
                                                                       for R1


                                                                  ORDER

Challenge has been made to the order of dismissal of the application filed by revision petitioner / obstructor under Section 151 of Code of Civil Procedure seeking to recall the delivery order passed by the Execution Court on 26.04.2021 in the above E.P and to implead himself in the said Execution Petition.

2. The learned counsel appearing for the first respondent submitted that as delivery has been resisted, the first respondent/decree holder has already filed a petition under Order 21 Rule 97 of Code of Civil Procedure in M.P.No.4 of 2025 in E.P.No.275 of 2021 against the revision petitioner/obstructer to hand over vacant possession. It is further stated that the said petition is now heard and posted for orders on 13.08.2025.

3. When the petitioner is attempting to establish an independent right 2/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/08/2025 11:28:51 am ) CRP No.1652 of 2025 over the property, the proper remedy is under Order 21 Rule 97 of Code of Civil Procedure. If the petitioner wishes to establish such a right, he can do so in the pending application filed under Order 21 rule 97 Code of Civil Procedure. Therefore, the impugned order passed by the Execution Court does not require interference.

4. Accordingly , the Civil Revision Petition is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

07.08.2025 mrp To The XIV Small Causes Court, Chennai.

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mrp .

CRP No.1652 of 2025

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