P.Karthigeyan v. S.V.Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 11940 OF 2026 P.Karthigeyan S/o.M.P.Periyasamy, Kamaraj Nagar Colony, South Diwan Thottam Salem 636 014.

..Petitioner(s) Vs S.V.Senthilkumar S/o.S.M.Vadivelu, D.No.70, Muthusamy St, Shevapet, Salem 636 002.

..Respondent(s) PRAYER Civil Revision Petition filed under Art.227 of Constitution of India, praying to direct the Principal Subordinate Court, Salem, to dispose of IA.No.1 of 2020 in OS.No.281 of 2017 at an early date. For Petitioner(s):

Mr.T.T.Ravichandran for MR.Palanikumar N For Respondent(s):

Mr.B.Vijaya Kumar

ORDER

The Revision Petitioner herein is the defendant in the suit in O.S.No.281 of 2017 on the file of Principal Sub Court, Salem, which was filed by the respondent/plaintiff for the relief of specific performance against the defendant.

2. Before the trial court, the Revision Petitioner is the defendant in the suit in O.S.No.281 of 2017 and the suit was decreed exparte. He filed an application to set aside the exparte decree passed in the said suit, however, there is a delay of 861 days arose. To condone the delay, he filed application in I.A.No.1 of 2020 and the same has not been disposed of by the trial judge though the counter objections was filed and the said application was ripe for enquiry long back in the year 2022. In the meanwhile, to execute the decree, the respondent/plaintiff had initiated execution proceedings in E.P.No.221 of 2020, wherein the Executing Court had passed an order to execute the sale deed. Against which, the Civil Revision Petition has also been preferred and the same is pending.

Pending all these proceedings, if the sale deed is executed, it will lead to multiplicity of proceedings. Therefore, the learned Principal Subordinate Judge, Salem is directed to dispose the application filed in I.A.No.1 of 2020 in O.S.No. 281 of 2017 within a period of four weeks from the date of receipt of copy of this order. Till then, the E.P. proceedings initiated in E.P.No. 221 of 2020 is ordered to be stayed. In the result, this Civil Revision Petition is disposed of. No costs. Consequently, connected civil miscellaneous petition is closed.

09-06-2026 Index: Yes/No Speaking/Non-speaking order RPP To The Principal Subordinate Judge, Salem.

T.V.THAMILSELVI J.

RPP AND CMP NO. 11940 OF 2026 09-06-2026