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2026 Supreme(Online)(Mad) 21487

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
Govindarasu – Appellant
Versus
Pandiyan – Respondent
Civil Revision Petition | Article 227



Advocates:
For the Appellants/Petitioners: Mr.T.Prabakaran

The court mandates expedited execution proceedings in compliance with the Supreme Court's directives to prevent delays caused by parties.

Headnote:In this Civil Revision Petition under Article 227 filed to expedite the execution of E.P.No.340 of 2024 in O.S.No.283 of 2019, the court considers the delay attributed to the respondent's tactics in filing counteraffidavits. The Supreme Court directions in Rahul S. Shah v. Jinendra Kumar Gandhi emphasize expeditious disposal within six months. Accordingly, the court mandates the Execution Court to resolve the case by 31.07.2026. The Civil Revision Petition is allowed with no costs.

Table of Content
1. delay in execution proceedings due to counter affidavit filing. (Para 2 , 3)
2. reference to directives for expediting execution petitions. (Para 4)
3. mandatory resolution of execution petition by stipulated date. (Para 5)

O R D E R

Heard the learned counsel for the petitioner and perused the materials available on record.

2. This revision petition has been filed seeking expeditious disposal of the execution proceedings filed pursuant to the decree passed in the suit.

3. The learned counsel for the petitioner states that the delay in filing the Counter by the Respondent has kept the Execution Petition pending for over one year without effective progress, defeating the object of execution proceedings and the Petitioner, being the Decree Holder, is deprived of the fruits of the decree, causing serious prejudice and hardship. He would further state that the Respondent/Judgment Debtor has adopted dilatory tactics by seeking adjournments, remaining absent, and failing to comply with Court orders. He would further state that there is no order of stay granted by any appellate Court restraining execution of the decree. Hence, prays for expeditious disposal of the Execution Petition.

4. A perusal of the daily order sheets reveals that the Execution Petition has been repeatedly adjourned on the ground that the respondent has to file a counter affidavit. The Hon’ble Supreme Court in Rahul S. Shah v. Jinendra Kumar Gandhi and Others, reported in (2021) 6 SCC 418, has issued specific directions to all Executing Courts to dispose of execution petitions, as far as possible, within a period of six months.

5. In the light of the above directions issued and also considering limited prayer in the revision while dispensing with notice to the respondent, direction will issued by this Court order Executing Court directed to dispose of E.P.No.340 of 2024 in O.S.No.283 of 2019 on merits and in accordance with law on or before 31.07.2026.

6.In the result, this Civil Revision Petition is allowed. No costs.

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