← Library
Madras High CourtCRP/3715/2026disposed of

Evp Rajeshwari Palace v. Yokesh M.U.

2026-07-01Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

1. EVP Rajeshwari Palace Rep.by its Authorized Representative, Mrs.Sanmitha Narayanan, No.23, Thiyagaraya Road, Pondy Bazaar, T. Nagar, Chennai- 600 017.

Petitioner(s) Vs

1. Yokesh M.U.

S/o Umesh, No.2/2, New No.5, Rathinasabathi Street, Old Washermanpet, Chennai- 600 021.

2.Mohan Babu, S/o Sathiya Pillai, No.2/2, New No.5, Rathinasabathi Street, Old Washermanpet, Chennai- 600 021.

Respondent(s) Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Additional District and Sessions Court-II, Poonamallee to decide EP No.8 of 2026 expeditiously.

1/4

For Petitioner(s):

R.Murali For Respondent(s):

Thiruvallur

ORDER

The petitioner seeks limited relief of expeditious disposal of E.A.No.8 of 2026 pending on the file of Additional District and Sessions Court-II, Poonamallee.

2. Learned counsel for the petitioner submits that the petitioner has been successful in obtaining an Award in his favour in the Arbitration Proceedings way back on 05.03.2025 and despite putting the said award into execution, the executing Court has not disposed of EP No.8 of 2026 where the petitioner has sought for recovery of possession of the subject property from the respondents/judgment debtors.

3. It is seen from the records that the executing Court ordered publication and the respondents/judgment debtors 1 and 2 have been set exparte. However, strangely the executing Court posted the matter for exparte evidence. As seen from the daily status dated 19.06.2026, the executing Court is only executing the Award passed by the learned Arbitrator and I do not see any scope for any fresh evidence being let in in the execution petition. However, the executing Court has to dispose of EP No.8 of 2026 on 2/4

merits and for such purpose, summary enquiry has to be conducted as indicated in the very same daily status.

4. In view of the matter being posted to 31.07.2026, it is made clear that the Executing Court shall hear the counsel for the petitioner/decree holder and dispose of E.P.No.8 of 2026 on merits and in accordance with law by 30.09.2026.

5. With the above direction, the civil revision petition is disposed of. No costs. 01.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The II Additional District and Sessions Court, Poonamallee.

3/4

P.B.BALAJI,J.

sr 01.07.2026 4/4