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2026 Supreme(Online)(Mad) 25931

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
R.Manoharan – Appellant
Versus
Sri Thatha Kasi Sadasiva Arumuga Swamigal Temple – Respondent
CRP No. 1733 of 2026 | CMP No.7934 of 2026



Advocates:
For Petitioner(s): Mr.K.Seetharam
For Respondent(s):

High Court directs time-bound disposal of appeal under Article 227 to prevent hardship from delayed stay applications amid execution.

Headnote:The petitioner filed a civil revision petition under Article 227 of the Constitution seeking directions to the appellate court to dispose of an interlocutory application for stay of decree in the appeal. The lower court proceedings involved O.S.No.1269 of 2018, with execution initiated by the respondent, causing hardship due to adjournments. The court directed speedy disposal of the appeal. The key issue was the appellate court's delay in disposing the stay application despite petitioner's readiness. The ratio decidendi holds that superior courts may direct time-bound disposal of appeals to prevent hardship where execution is pending. The revision petition was disposed of with directions to dispose the appeal within three months, staying execution proceedings pending appeal.

Table of Content
1. petition seeks directions for timely disposal of stay application. (Para 1 , 2)
2. court mandates appeal disposal within three months, stays execution. (Para 3 , 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1733 of 2026 and CMP No.7934 of 2026 R.Manoharan ..Petitioner(s)

Vs Sri Thatha Kasi Sadasiva Arumuga Swamigal Temple, Rep by its Managing Trustee D. Satheeshwaran, Residing at No. 77, Demellows Road, Pattalam, Chennai -600 112 ..Respondent(s)

PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned V Additional Session and District Judge, City Civil Court, Chennai, to dispose the I.A.No.04/2025 in AS.No.122/2025 on the file of the V Additional Session and District Judge, City Civil Court, Chennai, within the time frame fixed by this Hon’ble Court and thus render justice.

For Petitioner(s): Mr.K.Seetharam

ORDER

This Civil Revision Petition has been filed seeking to direct the learned V Additional Session and District Judge, City Civil Court, Chennai, to dispose the I.A.No.04/2025 in AS.No.122/2025, within the time frame fixed by this Hon’ble Court

2. The learned counsel for the revision petitioner / plaintiff submits that the revision petitioner filed I.A. No.4 of 2025 in A.S. No.122 of 2025 before the first appellate court. But the first appellate court is not inclined to dispose the I.A.No.4 of 2025 for stay of the decree and judgment in O.S.No.1269 of 2018. Though the petitioner was ready, it was adjourned for various reasons, due to which the revision petitioner was put to hardship. Since the execution proceedings were initiated by the respondent / plaintiff before the execution court, therefore they want speedy disposal of either the Interlocutary Application or the appeal.

3. Considering the said submissions, this Court directs the first appellate court viz., V Additional Sessions and District Judge, City Civil Court, Chennai to dispose of the appeal in A.S.No.122 of 2025, within three months from the date of receipt of a copy of this order. Pending disposal of the appeal, the execution proceedings shall not be proceeded with.

4. With the above directions, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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