M.P.KALIAPPAN (DIED) 1. C.CHANDRASEKARAN vs C.Natarajan (Died) 1. N.Valliyathal

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2026 Supreme(Online)(Mad) 11833

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
M.P.KALIAPPAN (DIED) 1. C.CHANDRASEKARAN – Appellant
Versus
C.Natarajan (Died) 1. N.Valliyathal – Respondent
CRP No.540 of 2026

Important Points

Execution petitions should not be kept in cold storage and must be disposed of expeditiously, preferably within six months, to ensure the decree holder realizes the fruits of the decree in a timely manner.

Subject

Civil - Execution Proceedings

Act Referred

Constitution of India: Art.227

Headnote

The petitioner filed a civil revision petition under Article 227 of the Constitution of India seeking a direction for the expeditious disposal of execution proceedings in EP No.28 of 2021 in O.S.No.13 of 2003. The decree holder sought the execution of a sale deed based on a decree passed in 2005, noting that the matter had remained pending for over two decades. The court addressed whether the executing court should be directed to expedite the proceedings. The court reasoned that execution petitions should not be kept in "cold storage" and should preferably be disposed of within six months to ensure the effective realization of the decree. With the above direction, the civil revision petition is allowed.

Advocates:
For the Appellants/Petitioners: P. Valliappan
For the Respondents:

Table of Content
1. request for expeditious disposal of a long-pending execution petition for a sale deed. (Para 1 , 2 , 3)
2. execution petitions should be disposed of promptly and not kept in cold storage. (Para 4)
3. direction to the executing court to dispose of the matter by a specific deadline. (Para 5 , 6)

Prayer:

Civil Revision Petition filed under Article 227 of the Constitution of India seeking a direction for expeditious disposal of the Proceedings in EP No.28 of 2021 in O.S.No.13 of 2003 on the file of I Additional District Judge at Tiruppur.

ORDER

Heard Mr.P.Valliappan, learned Senior Counsel appearing for the revision petitioner.

2. The revision petitioner is the decree holder, who seeks expeditious disposal of E.P.No.28 of 2021 in O.S.No.13 of 2003.

3. Learned Senior Counsel would bring to my notice that the decree was passed in the year 2005 and what remains is only execution of sale deed and there is no impediment for the executing court to proceed with the execution petition and dispose of the same on merits.

4. The Hon’ble Supreme Court has time and again held that the execution petition should not be kept in cold storage and should be disposed of preferably within six months. In the present case, the decree was passed in the year 2005 and the petitioner has been kept waiting for more than two decades.

5. In the light of the above, I am inclined to entertain the civil revision petition by dispensing with notice to the respondent as this order will not in any way prejudice the rights of the respondent. The executing Court viz., I Additional District Court, Tiruppur shall expedite the proceedings in E.P.No.28 of 2021 in O.S.No.13 of 2003 and dispose of the same on merits by 31.03.2026.

6. With the above direction, the civil revision petition is allowed. No costs.

05.02.2026

Neutral Citation: Yes/No

Speaking Order/Non-speaking Order

Index : Yes/No

Website:yes/no

The I Additional District Court, Tiruppur