PRAYER

To set aside the order dated 12.11.2025 in E.A.SR.No.76022/2025 in E.P.No.608/2024 in A.R.C.No.291/2021 on the file of XXVII Assistant, City Civil Court at Chennai and pass such further or other orders as this Honble Court.

ORDER

1. This Civil Revision Petition has been filed seeking to set aside the order dated 12.11.2025 in E.A.SR.No.76022/2025 in E.P.No.608/2024 in A.R.C.No.291/2021 on the file of XXVII Assistant, City Civil Court at Chennai.

2. The petitioner herein filed E.A.SR.No.76022/2025 seeking to stay the execution proceedings till the disposal of the appeal pending before the Secretary of the Commercial Taxes and Registration Department, Chennai. Upon considering the application, the Trial Court dismissed it. Aggrieved by the dismissal, the petitioner has filed this revision petition.

3. The learned counsel for the petitioner submits that the petitioner has filed an appeal against the award passed in A.R.C.No.291/2021. While the appeal was pending, the respondent filed the execution petition. Consequently, the petitioner filed E.A.SR.No.76022/2025 to stay the execution proceedings. The learned counsel contends that if the execution petition is allowed during the pendency of the appeal, it will cause irreparable loss to the petitioner, a fact which the execution court failed to consider. Hence, he prays to stay the execution proceedings until the disposal of the appeal.

4. The learned counsel for the respondent submits that the petitioner filed the appeal only after the respondent filed the execution petition, and that the petitioner has not obtained any stay order from the appellate authority. Therefore, the execution court rightly rejected the petitioner's application.

5. Considering the fact that the petitioner has filed an appeal against the award passed in A.R.C.No.291/2021, allowing the execution proceedings to continue during its pendency would cause irreparable loss to the petitioner. Hence, this Court is inclined to grant three months' time to the petitioner to obtain a stay from the appellate authority. Until then, E.P.No.608/2024 on the file of the XXVII Assistant, City Civil Court, Chennai, is ordered to be stayed. Thereafter, the execution court is directed to proceed with the execution petition. Accordingly, this Civil Revision Petition is disposed of. No costs. Connected pending petitions, if any, are closed