The court emphasizes procedural fairness in considering the maintainability of applications in execution proceedings.

For Petitioner : Mr.S.Seenuvasan ORDER Heard the learned counsel for the petitioner. The petitioner challenges the order of return by way of docket order dated 17.10.2025, returning an application filed under Order 21, Rule 106 C.P.C.

2.The learned counsel for the petitioner submits that the application to set aside the final order in the Execution Petition was filed in time, however, the Court below without even giving an opportunity to the petitioner, has questioned the maintainability of the application stating that the petitioner was set exparte even in March, 2025, and therefore he is precluded from challenging the subsequent final order dated 07.08.2025.

3. I find from the records that the petitioner has not represented the application / complying the return by stating as to how the application is maintainable. Be that as it may, considering that the Revision has been filed straightaway challenging the docket order dated 17.10.2025, I am remitting the matter back to the Executing Court, directing the petitioner to comply with the return and represent the petition within a period of one (1) week from the date of receipt of a copy of this order, and the original application in I.A.SR.No.304 of 2025 in E.P.No.40 of 2019 in O.S.No.204 of 2004, filed by the Revision Petitioner from the Registry of this Court.

4.On such representation and compliance, the Executing Court still harbours any doubts regarding the maintainability of application, then it shall post the matter in open Court and hear the counsel for the petitioner on the maintainability of the petition, and thereafter pass orders on merits and in accordance with law.

5.This Civil Revision Petition stands disposed of accordingly.

Registry is directed to return the original I.A.SR.No.304 of 2025 in E.P.No.40 of 2019 in O.S.No.204 of 2004, to the counsel for the petitioner within a period of one (1) week from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.