CRP.(MD).No.
614 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
CRP.PD.(MD).No.614 of 2025
against
E.A.No.3 of 2025
in
E.P.No.24 of 2021
in
O.S.No.67 of 2013
and
CMP(MD).Nos.3341 & 3340 of 2025
Abarna .. Petitioner/1st Petitioner/
1st Respondent/ 1st Defendant
Vs.
Mani Kandan [Died]
1.Thara
2.Birundha
3.Indhu
4.Karthik ..Respondents 2 to 4/ Petitioners 2 to 4/
Respondents 2 to 4/ Defendants 2 to 4
Prayer: This civil revision petition has been filed under Section 115 of
the Civil Procedure Code, 1908 to set aside the impugned docket order
dated 07.02.2025 made in E.A.No.3 of 2025 in E.P.No.24 of 2021 on the
file of the learned II-Additional Subordinate Judge, Tiruchirappalli.
___________
Page 1 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 07:42:04 pm )
CRP.(MD).No.614 of 2025
For Petitioner : Mr.M.S.Jeyakarthik
ORDER
The first defendant in O.S.No.67 of 2013 on the file of the learned
Subordinate Judge, Dharmapuri who had suffered an ex-parte decree has
filed the above said revision challenging the order passed in E.A.No.3 of
2025 wherein the request of the petitioner to stay the execution
proceedings till the petition to set aside ex-parte decree is decided. The
first respondent herein had filed the above said suit for the relief of
recovery of money, the suit was decreed ex-parte on 06.11.2019.
2. The first defendant had filed I.A.No.1 of 2025 in O.S.No.67 of
2013 on the file of the learned Sub-Ordinate Judge, Dharmapuri under
Section 5 of the Limitation Act, 1963 to condone the delay of 1854 days
in filing of an application under Order 9 Rule 13 of Code of Civil
Procedure, 1908, the said application is still pending.
3. In the meantime, the decree-holder has filed E.P.No.24 of 2021
to recover a sum of Rs.8.75/- Lakhs. The judgment-debtor after having
entered appearance, in the said EP has filed E.A.No.3 of 2025 to stay the
___________
Page 2 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 07:42:04 pm )
CRP.(MD).No.614 of 2025
EP pending disposal of I.A.No.1 of 2025 in O.S.No.67 of 2013. The
Executing Court in its docket order dated 07.02.2025 has observed that
the stay petition could be considered only when the judgment debtor pays
a sum of Rs.8.75 Lakhs. Challenging the said docket order, the present
civil revision petition has been filed.
4. According to the learned counsel for the petitioner, without
hearing both the parties in E.A.No.3 of 2025 the Court had passed a final
order, by way of certain observations. This docket order has been passed
on 07.02.2025 directing the judgment-debtor to deposit a sum of Rs.
8.75/- Lakh for even considering the said application on merits. He
prayed for setting aside the docket order.
5. On perusal of the records, it reveals that the respondent decree-
holder herein is yet to file his counter in I.A.No.1 of 2025 and it is posted
for hearing on 20.03.2025. In such circumstances, instead of considering
the stay petition in E.A.No.3 of 2025, the trial Court could proceed to
dispose of the said I.A.No.1 of 2025. The trial Court is directed to
___________
Page 3 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 07:42:04 pm )
CRP.(MD).No.614 of 2025
disposed of the said I.A.No.1 of 2025 on or before 30.04.2025. Till such
time the execution proceedings in E.P.No.1 of 2025 shall be kept in
abeyance.
6. With the said observations and directions, this civil revision
petition stands disposed of. No costs. Consequently, connected
miscellaneous petitions are also closed.
03.03.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes
nst
To
1.The
II-Additional Subordinate Judge,
Tiruchirappalli.
2.The Section Officer,
VR Record Keeper,
Madurai Bench,
High Court of Madras.
___________
Page 4 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 07:42:04 pm )
CRP.(MD).No.614 of 2025
R.VIJAYAKUMAR,J.
nst
CRP.PD.(MD).No.614 of 2025
against
E.A.No.3 of 2025
in
E.P.No.24 of 2021
in
O.S.No.67 of 2013
and
CMP(MD).Nos.3341 & 3340 of 2025
Dated: 03.03.2025
___________
Page 5 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 07:42:04 pm )
