Pappa v. Raman Chetty Kattalai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2025
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.Nos.3651, 3653 & 3655 of 2025 & CMP.Nos.19647, 19639 & 19642 of 2025 Pappa ... Petitioner in all CRPs Vs.
Raman Chetty Kattalai Represented by Executive Officer, A/m.Marundeeswarar Temple, Thiruvanmiyur, Chennai - 600 041.
... Respondent in all CRPs Prayer in CRP.No.3651 of 2025: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the impugned docket order dated 02.08.2025 passed in E.A.(SR).No.37337 of 2025 in E.A.No.05 of 2025 in E.P.No.531 of 2014 on the file of the IX Assistant City Civil Court, Chennai to number E.A(SR).No.37337 of 2025 and consider the same on merits. Prayer in CRP.No.3653 of 2025: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the impugned docket order dated 02.08.2025 passed in E.A.No.07 of 2025 in E.P.No.531 of 2014 on the file of the IX Assistant City Civil Court, Chennai. Prayer in CRP.No.3655 of 2025: Civil Revision Petition filed under Article 1/9
227 of Constitution of India, to set aside the impugned docket order dated 23.06.2025 passed in E.A.No.05 of 2025 in E.P.No.531 of 2014 on the file of the IX Assistant City Civil Court, Chennai. (In all CRPs) For Petitioner : Mr.P.Rajnish For Respondent : Mr.P.Wilson Topaz for M/s.A.S.Kailasam and Asso.
COMMON ORDER Heard Mr.P.Rajnish, learned counsel for the petitioner and Mr.P.Wilson Topaz, learned counsel for M/s.A.S.Kailasam and Associates, for the respondent in all the revisions.
2.These revisions have been filed, challenging the docket orders dated 23.06.2025 in E.A.No.05 of 2025; 02.08.2025 in E.A.No.07 of 2025; and 02.08.2025 in EA.SR.No.37337 of 2025 in E.A.No.5 of 2025 in E.P.No.531 of 2014 on the file of the IX Assistant City Civil Judge, Chennai. 3.After hearing the learned counsel for the parties, it is noticed that there is a statutory first appeal which is pending before the VI Additional 2/9
City Civil Court, Chennai, in A.S.No.329 of 2023 and the appeal is also posted for arguments. In fact, the learned counsel for the respondent states that though the petitioner did not come forward to advance arguments on 13.06.2025, the respondent has commenced arguments, in order to arrest any further delay, considering that the suit is of the year 1990. 4.It is also noticed that even learned counsel for the respondent has thought it fit that in view of the appeal being pending, the execution proceedings will have to be deferred. Subsequently, noticing the fact that the petitioner is attempting to protract the proceedings, the respondent has withdrawn the said undertaking and has sought for further orders to be passed in the execution proceedings. These revisions arise out of the said undertaking given and subsequently withdrawn by the learned counsel for the respondent.
5.In the light of the fact that the appeal is now posted for arguments, it would suffice and protect the interest of the parties, if suitable directions are given to the VI Additional City Civil Court, Chennai, to dispose of the 3/9
appeal on merits, along with the any interlocutory applications that are already filed by the petitioner. Hence, I hereby direct the VI Additional City Civil Court, Chennai, to dispose of A.S.No.329 of 2023, on or before 26.09.2025, without seeking any further extension of time from this Court and subject to final orders, the execution proceedings shall go on thereafter. Till 26.09.2025, the execution proceedings shall stand deferred and subject to the outcome of the appeal, further proceedings may be taken by the Executing Court.
6.With the above direction, the Civil Revision Petitions are disposed of. There shall be no order as to costs. Connected Civil Miscellaneous Petitions are closed.
11.08.2025 Speaking/Non-speaking : Yes/No Index : Yes / No Internet : Yes / No ata To 1.The IX Assistant City Civil Court, Chennai. 4/9
2.The VI Additional City Civil Court, Chennai. P.B. BALAJI,J.
ata 5/9
CRP.Nos.3651, 3653 & 3655 of 2025 & CMP.Nos.19647, 19639 & 19642 of 2025 11.08.2025 6/9
CRP.Nos.3651, 3653 & 3655 of 2025 P.B.BALAJI.,J The matter has been taken up today under the caption "For Being Mentioned."
2. Learned counsel for the respondent has made a mention stating that the first appellate court/VI Additional City Civil Court, Chennai has commenced final hearing and the appellant is about to conclude his side of arguments and since a direction was issued by this Court on 11.08.2025 to dispose of A.S.No.329 of 2023 on or before 26.09.2025 i.e, today and it will not be possible to give a fair hearing for both the parties and therefore, request has been made for extension of time.
3. Considering the above submission and also the intervening pooja holidays, I direct the VI Additional City Civil Court, Chennai to dispose of A.S.No.329 of 2023 on or before 14.11.2025.
4. Learned counsel for the respondent undertakes to inform the executing court about the order passed on 11.08.2025 and clarified today. 7/9
5. Registry is directed to issue fresh order copy. 26.09.2025 Speaking/Non-speaking : Yes/No Index : Yes / No Internet : Yes / No sr 8/9
P.B.BALAJI.,J sr CRP.Nos.3651, 3653 & 3655 of 2025 26.09.2025 9/9