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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on:21.01.2026 Pronounced on: 30.01.2026

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI

CRP. No.4735 of 2025

and CMP. Nos.23905 & 32472 of 2025

S.Keerthi @ S.Keerthana

Petitioner(s)

Vs

R.Kandasamy (Died)

1.Lakshmi

2.Balamaheshwari

3.Anusuya

4.Vijaypriyadharshini

5. Minor Nagarvathini,

Rep. by her Grandmother Lakshmi.

Respondent(s)

PRAYER: This Civil Revision Petition is filed under Article 227 of the

Constitution of India, to set aside petition and orders dated 19.09.2025 made in

E.A. No.5 of 2025 in E.A. No.62 of 2017 in EP. No.19 of 2010 in O.S. No.25

of 2004 on the file of the learned First Additional District Court, Erode.

For Petitioner : Mr.N.Manoharan

For Respondents : Mr.M.Palani

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ORDER

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Aggrieved by the dismissal of an application in EA.No. 5 of 2025, the 5^th

judgment debtor, has come up by way of this revision petition.

2. I have heard Mr.N.Manoharan, learned counsel for the revision

petitioner and Mr.M.Palani, learned counsel for the contesting

respondents/decree holders.

3. Mr.N.Manoharan, learned counsel for the petitioner, would contend

that the petitioner was set ex-parte and in the Execution Proceedings initiated

by the respondents/decree holders and within a period of 3 days, an application

was promptly preferred for setting aside the ex-parte order, seeking an audience

to contest the Execution Petition on merits. Inviting my attention to the

impugned order, Mr.N.Manoharan, learned counsel for the revision petitioner

would contend that the Executing Court has gone into the merits of the case and

without noticing that the request made was only for setting aside the ex- parte

order dated 01.09.2025, the Court has erroneously dismissed the application

which was in fact filed without any loss of time. He would pray for the revision

being allowed, so that an opportunity is given to the petitioner to contest the

Execution Petition on merits.

4. Per contra, Mr.M.Palani, learned counsel for the respondents/decree

holders would submit that the decree holders have obtained a decree for specific

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performance and the decree has been put to execution. According to the learned

counsel Mr.Palani, the decree has become final and only in order to recover

possession of the property, EP has been filed and there is absolutely no defence

available to the petitioner and the attempt is only to protract proceedings and

deny the fruits of the decree to the decree holders.

5. Mr.Palani, learned counsel also relies on the decision of the

Honourable Supreme court in Periyammal (dead) through legal representatives

vs. V. Rajamani and Anr reported in (2025) 9 SCC 568, where the Hon'ble

Supreme Court has issued directions to Executing Courts to dispose of the

Execution Petitions within six months and beyond the period of six months, the

Executing Court has been directed to record reasons in writing for delay

occasioned, if any. Therefore, the contention of Mr.Palani, learned counsel for

respondents/ decree holders is that the Executing Court cannot be found fault

with and there is no infirmity in the order passed by the Executing Court

dismissing the setting aside application.

6. I have carefully considered the submissions advanced by the learned

counsel on either side. I have also gone through the impugned order.

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7. Admittedly, the respondents filed a suit in O.S.No. 25 of 2004 for

specific performance of an agreement of sale. The suit was decreed on

17.01.2005 for specific performance of the said agreement and in order to

recover possession from the judgment debtors, the Execution Petition has been

filed. The case of the petitioner is that the petitioner is not a party to the sale

agreement and she has already filed a suit in OS.No. 203 of 2006 on the file of

the District Judge, Erode for p