A.Narayanasamy v. V.Muniyammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. A.Narayanasamy S/o. Appasamy, Sai Royal Towers, No.6, 2nd Main Road, Dhandeeswaram Nagar, Velachery, Chennai 600 042.
Petitioner(s) Vs
1. V.Muniyammal D/o.Veeraraghavan (late), Crest Dusica Apartment, F-1 First Floor, Block 10, 4th Street, Gurusamy Nagar, Anakaputhur, Chennai 600 070.
Respondent(s) PRAYER To set aside the docket order dated 20-02-2026 passed in EP.No.22 of 2026 in OS.No.21 of 2024 on the file of the Sub Court, Alandur. For Petitioner(s):
MR. N.Balu For Respondent(s):
ORDER
This Civil Revision Petition has been filed seeking to set aside the docket order dated 20-02-2026 passed in EP.No.22 of 2026 in OS.No.21 of 2024 on the file of the Sub Court, Alandur.
2. The learned counsel for the petitioner submits that the petitioner herein filed OS.No.21 of 2024 on the file of the Sub Court, Alandur, for eviction and recovery of arrears of rent against the respondent herein and the same was decreed on 06.02.2026. Immediately, the petitioner filed E.P No. 22 of 2026 in OS.No.21 of 2024 for delivery of possession and attachment and sale of movable/immovable properties for arrears of rent. However, the learned judge without considering the legal proposition erroneously ordering notice to the respondent and adjourned the case to 17.06.2026. In the grounds of the revision petition, it is stated that, as per Order 21 Rule 22 CPC, if the execution petition is filed within two years from the date of decree, there is no necessity for a notice to show cause against execution of the judgement debtor. However, the execution court issued notice to the respondent as such is erroneous.
3. Perusal of the docket order would go to show that E.P No.22 of 2026 the executing court ordered notice on 02.02.2026 returnable by 08.04.2026. Thereafter also fresh notice was ordered returnable by 17.06.2026. Aggrieved by the same, the revision petitioner filed this Revision. In view of the above, the docket order dated 20.02.2026 passed in E.P No.22 of 2026 is OS No. 21 of
2024 is set aside. The Sub Court, Alandur, is directed to take up the EP on file forthwith and pass appropriate orders for attachment of properties as prayed for by the decree holder within a period of one week from the date of receipt of a copy of this order and thereafter proceed with EP No. 22 of 2026.
5. Accordingly, this Civil Revision Petition is allowed. No Costs. 12-06-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Sub Court, Alandur
2. The Section Officer, V. R Section, High Court, Madras.
T.V.THAMILSELVI J.
pbl 12-06-2026