Manickkam v. P.K.Lakshmanaperumal

CMP NO. 13521 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP NO. 13521 of 2025 in CRP SR No.86505 of 2025 MANICKKAM S/o. Late Govindaraj, D.No. 4, Sundaravinayakarkoil, First Lane, Perambur, Chennai-11.

Appellant(s) Vs P.K.Lakshmanaperumal S/o. P.K.Kothandaraman, New No. 14, Old No.

19/1, Sundaravinayagarkoil Second Street, Perambur, Chennai-11. Dilli (deceased) and 3 Others Respondent(s) For Appellant(s):

S.Raja Ravi Varma For Respondent(s):

Mr.N.Pichai Pillai For R.1 R.2 to R.4 - No appearance

ORDER

Heard the learned counsel for the parties.

2. The revision petition has been filed along with an application to condone the delay of 1865 days.

3. The respondents/decree holders have filed counter disputing even 1/4

the calculation that has been arrived at by the petitioner and states that the delay is more than 2500 days.

4. Be that as it may, it is brought to my notice that challenging the decree passed in O.S.No.2482 of 2013, an appeal has been admittedly filed and pending in A.S.No.220 of 2024.

5. Learned counsel for the respondents further submits that the appeal has already been argued by the respondents and it is only the petitioner, who is protracting the proceedings and now he wants to stay the execution petition despite not co-operating to dispose of the first appeal in A.S.No.220 of 2024.

6. In the light of the above, I am inclined to confirm the order of the executing court in EP No.2017 of 2018. However, the execution proceedings shall be kept in abeyance for a period of four weeks from the date of receipt of a copy of this order. The first appellate court viz., The III Additional City Civil Court, Chennai shall dispose of A.S.No.220 of 2024 on merits and in accordance with law on or before 28.11.2025 and subject to the final decision in A.S.No.220 of 2024, further proceedings in the execution petition shall go on.

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7. With the above observation CMP No.13521 of 2025 is dismissed and the civil revision petition is dismissed at the SR stage itself. No costs. 05-11-2025 To

1. P.K.Lakshmanaperumal S/o. P.K.Kothandaraman, New No. 14, Old No. 19/1, Sundaravinayagarkoil Second Street, Perambur, Chennai11. Dilli (deceased)

2. Kasi S/o. Late Dilli, Res. at Pillayarkoil Street, D.No.4/7, Sundaravinayakar Koil, First Lane, Perambur, Chennai-11.

3. Saravanan S/o. Late Dilli, Res. at Pillayarkoil Street, D.No.4/7, Sundaravinayakar Koil, First Lane, Perambur, Chennai-11.

4. Dinesh S/o. Late Dilli, Res. at Pillayarkoil Street, D.No.4/7, Sundaravinayakar Koil, First Lane, Perambur, Chennai-11.

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P.B.BALAJI.,J sr CMP NO. 13521 of 2025 in CRP SR No.86505 of 2025 05.11.2025 4/4