K.P.Shanmugam v. T.Bagyalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI K.P.Shanmugam S/o Patayagounder, 19, New Thillainagar (North) P.N. Pudu Post, Coimbatore - 41 ..Petitioner(s) Vs T.Bagyalakshmi W/o N.Rajendran, 382, Elli Thottam, Peelamedu, Coimbatore - 641004 ..Respondent(s) PRAYER : Civil Revision Petition is filed under Section 115 of CPC, to set aside the docket order dated 31.10.2025 made in E.P. No. 659 of 2022 in OS No. 1084 of 2003 on the file of the learned II Additional Subordinate Judge, Coimbatore.

For Petitioner(s):

Mr.N.Manoharan For Respondent(s):

Service Awaited

ORDER

Challenging the docket order dated 31.10.2025 made in E.P. No. 659 of 2022 in OS No. 1084 of 2003 on the file of the learned II Additional Subordinate Judge, Coimbatore, the present Civil Revision Petition is filed.

2. Before the Trial court, as a decree holder, the revision petitioner took steps to serve notice more than ten times but he was not been able to serve. Inspite of best efforts taken on their side, but the Executing Court has closed the

Execution Petition by stating that no proper steps were taken. Aggrieved over the same, the plaintiff has preferred this revision.

3. The learned counsel for the revision petitioner submits that still they are tracing the real address of the respondent / defendant and so he need one more opportunity.

4. Considering the fact that the suit was filed in the year 2003 for recovery of money based on mortgage, after obtaining preliminary decree they have taken steps to serve notice and on seeing the docket order of the Executing Court, the plaintiff has taken efforts, this Court is inclined to give one more opportunity to the revision petitioner and set aside the order of the Executing Court.

5. Accordingly, this Civil Revision Petition is allowed and the docket order dated 31.10.2025 made in E.P. No. 659 of 2022 in OS No. 1084 of 2003 on the file of the learned II Additional Subordinate Judge, Coimbatore. revision is set aside. EP is ordered to be restored. The revision petitioner is directed to take earnest steps to serve notice to the respondent / judgment debtor as per manner known to law. No costs.

05-06-2026 Index: Yes/No Speaking/Non-speaking order MTL

To

1. The II Additional Subordinate Court, Coimbatore.

T.V.THAMILSELVI, J.

MTL 05-06-2026