K.Shankar v. R.Shankar Gargh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI K.Shankar .... Petitioner vs 1.R.Shankar Gargh 2.The Sub Registrar of Anna Nagar, Sub-Registrar Office, Anna Nagar, No.576, Mogappair West, Ambattur Industrial Estate, Chennai-600 037.

... Respondents Revision filed under Article 227 of the Constitution of India to direct 9th Assistant Judge, City Civil Court, (Executing Court), Chennai to dispose of E.A.No.8 of 2024 in E.P,.No.2895 of 2021 on its file forthwith. For Petitioner :

Mr.Mr.J.Siddhardhan For Respondents :

Mr.N.Muthuvel Govt.Advocate (CS) For R.2 R.1- No apperance

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the second respondent. 1/4

2. This Court by order dated 08.03.2024 in CRP No.2995 of 2021, exercising power under Article 227 of the Constitution of India, proceeded to set aside the judgment and decree in O.S.No.5353 of 2016 on the file of VII Assistant City Civil Court, Chennai. However, the said order of this Court was challenged before the Hon'ble Supreme Court by the plaintiff and the Hon'ble Supreme Court by order dated 26.07.2024 has granted stay of the order passed by this Court exercising power under Article 227 of the Constitution of India.

In view of the above, the petitioner has filed application in E.A.No.8 of 2024 to restore E.P.No.2895 of 2021 to file which was dismissed by the executing court.

3. The grievance of the petitioner is that despite stay granted by the Hon'ble Supreme Court, the executing Court has not disposed of the application in E.A.No.8 of 2024 to restore EP No.2895 of 2021 to file.

4. The second respondent has been served and he has not chosen to appear either in person or through counsel.

5. In view of the limited prayer sought for by the petitioner in this 2/4

revision, I do not see any prejudice being caused to the respondents if a direction is issued to the executing court to dispose of E.A.No.8 of 2024.

6. Accordingly, the civil revision petition is allowed and the executing Court viz., the 9th Assistant City Civil Court, Chennai is directed to dispose of E.A.No.8 of 2024 in EP No.2895 of 2021 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

13.10.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To The 9th Assistant City Civil Court, Chennai P.B.BALAJI.,J sr 3/4

CRP No.3002 of 2025 13.10.2025 4/4