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2026 Supreme(Online)(Mad) 36839

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. Lakshminarayanan, J
Rajakumari – Appellant
Versus
Murugan – Respondent


Advocates:
For the Petitioner: Mr.Sonaimuthu for Mr.S.Ramesh
For R1: Mr.K.N.Thampi

Table of Content
1. background of ejectment suit and execution proceedings. (Para 1 , 2 , 3 , 4)
2. landlord's contention on limited challenge scope. (Para 5 , 7)
3. no stay in appeal defers execution. (Para 6 , 8)
4. dismiss revision, direct immediate execution. (Para 9 , 10 , 11)

ORDER

The tenant is the civil revision petitioner.

2.O.S.No.77 of 1996 is a suit for ejectment. This suit, after contest, was decreed by the learned Principal District Munsif at Kuzhithurai on 05.05.2017. Aggrieved by the same, the tenant preferred a regular appeal before the learned Subordinate Judge at Kuzhithurai. The First Appeal too, came to be dismissed. Aggrieved by the concurrent judgments ordering eviction, the tenant states that he preferred a second appeal before this Court in S.A.(MD) No.413 of

2025.

3.In the meantime, the landlord/plaintiff/decree holder presented E.P.No.38 of 2021 to take possession of the property. In the said proceedings, the tenant/civil revision petitioner/judgment debtor was served. He remained ex parte. After the EP had been languishing for a period of four years, by an order dated 30.04.2025, the learned Executing Judge granted an order to break open of locks and for police

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