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2026 Supreme(Online)(Mad) 39732
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
V. Gowri – Appellant
Versus
Kempammal Gopala Krishnan – Respondent
C.M.P.No.12220 of 2026 | C.R.P.SR No.81110 of 2026
For the Appellants/Petitioners: Mr.C.Umashankar
Court can grant leave to file revision when petitioners demonstrate prima facie case of fraud in execution proceedings.
Headnote:The petitioners, alleging fraud in execution proceedings under Section 151 of the C.P.C., sought leave to challenge the proceedings in E.P.No.138 of 2014 arising from a partition decree in O.S.No.124 of 2006. The Court found that a prima facie case of fraud had been made out by the petitioners and granted leave to file the revision petition. The main issue before the Court was whether sufficient grounds existed to grant leave to file a civil revision petition challenging the execution proceedings. The Court determined that the allegations of fraud in the conduct of execution proceedings justified granting leave. Leave granted. Registry directed to number the petition. Petitioners permitted to move the case in the next vacation Court.
| Table of Content |
|---|
| 1. petitioners allege fraud in execution of partition decree (Para 1 , 2) |
| 2. leave granted to challenge execution proceedings (Para 3 , 4) |
O R D E R
This civil miscellaneous petition is filed praying to grant leave to file a Civil Revision Petition against the proceeding in E.P.No.138 of 2014 in O.S.No.124 of 2006, on the file of Subordinate Judge, Coimbatore.
2. The petitioners claiming to be the defendants brother's children, allege fraud in the conduct of execution proceedings pursuant to the decree obtained in a suit for partition.
3. I have heard Mr.Uma Shankar, learned counsel for the petitioners and also gone through the affidavit filed seeking leave to prefer this revision. I am satisfied that the petitioners have made out a prima facie case to grant leave to challenge the execution proceedings on the ground that fraud has been made.
4. Leave granted. Registry is directed to number the petition. Petitioners are permitted to move the case in the next vacation Court.
