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Madras High CourtEP/38/2026allowed

Y.K.Mohanrao (Since Decd.) v. J.N.Jahath Ramjee

2026-03-04Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY IN CS NO. 418 OF 2018 Y.K.Mohanrao (Since Decd.)

1. Y.S.Lakshmi

2. Y.Rajeswararao

3. Y.Nagarajesh

4. Y.Anand ..Petitioner(s) Vs

1. J.N.Jahath Ramjee

2. Sai Sri Lakshmi Ramjee

3. M/s. LSR Properties India Pvt. Ltd.

No.4/60, Venkatanarayana Road, T.Nagar, Chennai-600 017.

..Respondent(s) Execution Petition praying to transmit the decree passed in C.S(Comm.Div) No.418 of 2018 to the District Court, Tiruchirapalli, for execution of sale under Order XXI Rules 5 and 6 of Civil Procedure Code for the schedule mentioned property which has been already attached in E.P.No.148 of 2025.

For Petitioner(s):

Mr. K.V.Babu

ORDER

A precept order was issued in E.P.No.148 of 2025 on 07.01.2026. Thereafter, on 11.02.2026, said execution petition was closed. By this execution petition, the decree holders seek transmission of the decree issued in C.S.(Comm.Div.) No.418 of 2018 to the District Court, Tiruchirappalli so as to take further proceedings.

2. In terms of the proviso to Section 46 of the Code of Civil Procedure, the attachment under precept is valid for only a period of two months and the decree is required to be transmitted to the Court concerned for further proceedings. Accordingly, this petition is allowed by transmitting the decree in C.S.(Comm.Div.) No.418 of 2018 to the District Court, Tiruchirappalli for further action in terms of Order XXI Rules 5 and 6 of Code of Civil Procedure.

04.03.2026 Index: Yes/No mmi P.S.: UPLOAD FORTHWITH To The District Court, Tiruchirappalli.

SENTHILKUMAR RAMAMOORTHY, J.

mmi IN CS NO. 418 OF 2018 04.03.2026