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C.R.P. No.743 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HONOURABLE MRS. JUSTICE N. MALA

C.R.P. No .743 of 2026 and C.M.P. No.3862 of 2026

P.K. Sambasivam ... Petitioner/ Petitioner/ Respondent/ Defendant

Vs

S. Arumugam ... Respondent/ Respondent/ Petitioner/ Plaintiff

PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Petition Order dated 20.11.2025 passed in Un.R.E.A. No._ of 2023 in R.E.P.No.18 of 2023 in O.S.No.284 of 2018 on the file of the

learned III Additional District Judge, Salem.

For Petitioner : Mr. P. Jagadeesan

For Respondent : Mr. V. Sekar

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ORDER

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This Civil Revision Petition is filed against the Order dated 20.11.2025

passed in Unnumbered R.E.A. No.__ of 2023 in R.E.P. No.18 of 2023 in O.S.

No.284 of 2018 on the file of the learned III Additional District Judge, Salem.

2. Since the respondents would not be adversely affected by the order

to be passed herein, the Civil Revision Petition is disposed of without notice to

the respondents.

3.1 The facts leading to the above civil revision petition are as

follows:

3.2 The respondent herein filed a suit against the petitioner in

O.S.No.284 of 2018, on the file of the III Additional District Judge, Salem and obtained a decree for recovery of a sum of Rs.13,90,000/- with future interest @ 9% per annum from 12.09.2018 to 31.10.2018 on the principal amount of Rs.10,00,000/- and thereafter, at the rate of 6% from 01.11.2018 till 09.02.2023. For the realisation of the decretal amount, by selling petitioner's immovable property, the respondent preferred an execution petition in R.E.P.No.18 of 2023. The petitioner stated that, he came to know about the EP proceedings, only when he received the notice, through Court Amin on 10.11.2025. The petitioner immediately engaged an Advocate, who verified

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C.R.P. No.743 of 2026

and informed him, that the petitioner was set ex-parte on 09.06.2023, itself. Thereafter the petitioner, immediately filed an application to set aside the ex- parte order dated 09.06.2023, within 30 days from the date of knowledge. However, the Execution Court without properly considering the said facts, erroneously rejected the said application on 20.11.2025, on the premise that the petitioner received notice on 09.06.2023, itself. Aggrieved by the said order

dated 20.11.2025, the petitioner filed the above Civil Revision Petition.

4. The learned counsel appearing for the petitioner submitted that, the

Execution Court, even without numbering the petitioner's execution application, dismissed it, without affording the petitioner, an opportunity to contest the matter on merits. The learned counsel further submitted that, the procedure adopted by the E.P. Court was erroneous and not in accordance with law, hence he prayed to set aside the order dated 20.11.2025, of the Execution Court with a direction to the Execution Court, to afford an opportunity to the

petitioner to contest the matter on merits.

5. Heard Mr. V. Sekar, learned counsel appearing for the respondent

and perused the materials available on record.

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6. The records reveal that, in the unnumbered R.E.A in R.E.P.No.18

of 2023, the petitioner contended that he had no knowledge of the Execution proceedings, till he received summons through the Court Amin on 10.11.2025, and that, immediately thereafter, he filed the application, to set aside the ex- parte order dated 09.06.202. However, it appears that the Execution Court, without affording an opportunity to the petitioner to establish his case, dismissed the petition even without numbering it. It is evident, from the above that the procedure adopted by the Execution Court is against the principles of