Karpagam Alias Karpagavalli v. Rathina Velammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP NO. 27237 of 2025 AND CRP SR NO. 171035 OF 2025 Karpagam Alias Karpagavalli D/o. Late. Subbaiah, No. 37/7, Narmada Street, Devi Karumari Amman Nagar, Vijaya Nagar, Velachery, Chennai 042 Petitioner(s) Vs Rathina Velammal D/o. Late. Subbaiah Devar, No. 159, Samanthapuram, Rajapalayam, Virudhunagar Neelamanikandan (Deceased) and 6 Others Respondent(s) CRP SR NO. 171035 of 2025 Karpagam @ Karpagavalli Petitioner(s) Vs Ratina Velammal Respondent(s) For Petitioner(s): Mrs.Selvi George for Mr.E. Martin Jaya Kumar 1/4

ORDER

CMP. No.27237 of 2025 is filed to accept the cause title in the above CRP. SR. No.171035 of 2025 is hereby ordered.

2. Notice to the respondents, returnable by 11.11.2025. Private Notice is also permitted.

3. The respondents/decree holders are now proceeding to execute the decree with the aid of the police and the petitioner and the petitioner's family are now on the verge of being thrown out from the property. The learned counsel for the petitioner would bring to my attention that they are claiming under the second judgment debtor in the Execution Petition, who admittedly died even before filing the Execution Petition. However, without bringing it to the notice of the Executing Court, the decree holders have proceeded to obtain an exparte order, which has resulted in the present situation, where a warrant has been issued and police aid has also been granted on 01.11.2025.

4. In view of the emergent situation, I am inclined to grant an order of interim stay at the SR stage itself.

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5. Post the matter on 11.11.2025.

03.11.2025 rkp Note:

(i) Registry is directed to number the Civil Revision Petition, if it is otherwise in order.

(ii) Issue order copy 04.11.2025.

To The X Assistant City Civil Court, Chennai.

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P.B.BALAJI.J., rkp CMP NO. 27237 of 2025 AND CRP SR NO. 171035 OF 2025 03.11.2025 4/4