Madras High CourtCRP/3146/2026disposed of

Katturaja Alias Raja v. Podhammal

2026-06-08Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 13759 OF 2026

1. Katturaja Alias Raja S/o. Kuppusamy, Having Office at Motor Spring Works, Sukumar Colony, Near Bye Pass Roundana, Three Roads, Salem-05.

Petitioner(s) Vs

1. Podhammal W/o. Late Sellappan, D.No.302, Ammasai Nagar, Thiruvagoundanur Bye Pass, Three Roads, Salem-05.

2.Murugan S/o. Late Sellappan, D.No.302, Ammasai Nagar, Thiruvagoundanur Bye Pass, Three Roads, Salem-05.

Respondent(s) PRAYER To set aside the Fair and Final order dated 30.04.2026 made in REP No. 28 of 2024 in RCOP No. 40 of 2016 on the file of the IV Additional District Munsif Court, Salem.

For Petitioner(s):

MR.S.Arjun For Respondent(s):

ORDER

This Civil Revision Petition has been filed seeking to set aside the Fair and Final order dated 30.04.2026 made in REP No. 28 of 2024 in RCOP No. 40 of 2016 on the file of the IV Additional District Munsif Court, Salem.

2. The learned counsel for the petitioner submits that the petitioner has filed RCA No. 1 of 2024 on the file of the Principal Subordinate Court, Salem, against the order passed by the IV Additional District Munsif Court, Salem, in RCOP No. 40 of 2016. Meanwhile, the Trial Court allowed the execution petition filed by the respondent in REP No. 28 of 2024 (in RCOP No. 40 of 2016) to take delivery of possession, and the same was ordered. Subsequently, the respondent attempted to evict the petitioner through these execution proceedings. The learned counsel for the petitioner further pointed out that in the stay application filed before the Appellate Court, the respondent sought time and periodically obtained adjournments. Hence, the petitioner was unable to obtain a stay.

3. Considering the fact that the petitioner has filed RCA No. 1 of 2024 on the file of the Principal Subordinate Court, Salem, against the order passed in RCOP No. 40 of 2016, which remains pending, any delivery of possession effected at this stage will lead to a multiplicity of proceedings. Hence, the order passed in REP No. 28 of 2024 in RCOP No. 40 of 2016 is hereby ordered to be

stayed until the disposal of the stay petition filed in RCA No. 1 of 2024 on the file of the Principal Subordinate Court, Salem. Further, the Principal Subordinate Court, Salem, is directed to dispose of RCA No. 1 of 2024 within a period of 8 weeks. Both parties are directed to cooperate with the proceedings. Accordingly, this Civil Revision Petition is disposed of. No costs. Pending petitions, if any, stand closed 08-06-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The IV Additional District Munsif Court, Salem.

2. The Principal Subordinate Court, Salem

T.V.THAMILSELVI J.

pbl AND CMP NO. 13759 OF 2026 08-06-2026