IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. THAMILSELVI, J.
P. Kanchana, W/o. Paranthaman – Petitioner
Versus
Dhanalakshmi Srinivasan Chit Fund Private Limited – Respondent
CRP No. 1965 of 2026, CRP No. 1968 of 2026, CRP No. 1966 of 2026, CRP No. 1971 of 2026, CRP No. 1964 of 2026 and CRP No. 1967 of 2026 AND CMP No. 8792 of 2026, CMP No. 8786 of 2026, CMP No. 8802 of 2026, CMP No. 8796 of 2026, CMP No. 8794 of 2026,CMP No. 8793 of 2026
Decided On : 06-04-2026
| Table of Content |
|---|
| 1. parties dispute trial court's dismissal of execution stay petitions. (Para 2) |
| 2. direct appellate forum to decide stay petitions within four weeks. (Para 4) |
ORDER :
T.V. THAMILSELVI, J.
When the matter is taken up for hearing today, the learned counsel for the petitioners would submit that the Decree holder/respondent herein has filed various execution petitions against the Judgment Debtors/petitioners herein for execution of various Awards passed by the Deputy Registrar of Chits, Chennai. However, the Judgment Debtors/petitioners herein have filed various appeals before the Principal Secretary, Commercial Taxes and Registration Department along with stay petitions against the Execution Petitions filed by the Decree holder. However, the Trial Court without considering the appeals filed by the Judgment Debtors/petitioners herein, dismissed the petitioners’ stay petitions. Hence, these Civil Revision Petitions have been filed.
2. The learned counsel for the respondent would submit despite appeals have been pending before the Appellate Forum, stay is not granted. Hence, the Trial Court has rightly dismissed the various Execution Appeals filed by the Judgment Debtors.
3. Heard both sides and perused the materials available on record.
4. On perusal of the records, it is seen that stay petitions filed by the Judgment Debtors are pending before the Appellate Forum, against the execution proceedings. Hence, the Appellate Forum i.e. the Principal Secretary, Commercial Taxes and Registration Department, is hereby directed to dispose of the stay petitions filed by them within a period of four weeks from the date of receipt of copy of this Order. If at all any order is not issued by the Appellate Forum within the stipulated period fixed by this Court, the respondent/Decree holder is entitled to execute the Execution Proceedings in accordance with law thereafter.
5. Post the matter on 16.06.2026.
Mere pendency of appeal does not stay execution under Order 41 Rule 5(1) CPC unless expressly ordered.
Mere pendency of an appeal does not stay execution proceedings unless explicitly ordered by the appellate court, as per Order 41 Rule 5 of the Code of Civil Procedure.
A party must secure interim relief in a pending appeal to stay execution proceedings; failure to do so justifies the execution order.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
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