P.J.Raguraman, v. Vijayalakshmi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No. 4553 of 2025 and CMP No.23154 of 2025 P.J.Raguraman Petitioner(s) Vs P.R.Padmavathi (Died) Polukuva Rangachari (Died)

1. Vijayalakshmi, 2.Shanthi, 3.P.R.Ramanujam, 4.P.S.Jayagopal, Respondent(s) PRAYER Civil Revision Petition filed under Section 151 of the Civil Procedure Court, to set aside the Docket Order dated 05.08.2025 passed in E.A.No.7 of 2022 in E.P.No.204 of 2014 in O.S.No.639 of 1988 on the file of 1st Additional Subordinate Judge, Salem.

For Petitioner(s):

Mr.R.Nalliyappan For Respondent(s):

Mrs.D.Sathya, for R1 to R3 Mr.S.Mohamed Abbas for R4

ORDER

Heard Mr.R.Nalliyappan, learned counsel for the petitioner, Mr.D.Sathya, learned counsel for the respondents 1 to 3 and Mr.S.Mohamed Abbas, learned counsel for the 4th respondent.

2. Ms.Sathya, learned counsel for the respondents 1 to 3 would bring to my notice that the order which is challenged in this revision has been passed under Order XXI Rule 58 of C.P.C., which is an appealable order under the provisions of C.P.C.

3. On being informed about the same, the learned counsel for the petitioner sought for liberty to approach the appellate Court seeking interim protection for limited period to enable the petitioner to move the appellate Authority for interim orders as the property has now been brought under auction and the petitioner has been enjoying an interim order in this revision.

4. In the light of the above, the Revision Petition is certainly not maintainable, as, an alternate and effective remedy by way of statutory appeal is available as against an order passed dismissing an application under Order XXI Rule 58 C.P.C. However, at the same time, considering the fact that the petitioner has been agitating the matter before this Court and was also granted an interim order, I am inclined to grant four weeks time to the petitioner to move the appellate Court and obtain interim orders.

5. The interim order already passed by this Court shall be in force for a period of four weeks from the date of receipt of a copy of this Order.

6. This Civil Revision Petition stands dismissed with the above liberty. No costs. Consequently, connected miscellaneous petition is closed.

7. Registry is directed to return the original order in E.A.No.7 of 2022 to the counsel for the petitioner, within a period of one week from today, to enable the petitioner to prefer the appeal.

06-02-2026 vum Index:Yes/No Speaking/Non-speaking order To The I Additional Sub Judge, Salem.

P.B.BALAJI J.

vum CRP No. 4553 of 2025 and CMP No.23154 of 2025 06-02-2026