K.Udayamoorthi v. V.Vanaja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 11869 OF 2026 K.Udayamoorthi S/O. Kannan, No.6, Road Street, Perumugai Village, Vellore Taluk and District.

..Petitioner(s) Vs V.Vanaja W/O. P. Vibulanandhan, No.1/42, Thennandai Street, Perumugai Village, Vellore Taluk and District.

..Respondent(s) PRAYER Civil Revision Petition filed under Art.227 of Constitution of India, praying to set aside the Order and decretal order dated 08.09.2025 passed in EA.No.1/2025 in EA.No.1/2023 in EP.No.7/2020 in OS.No.125/2004 on the file of the Honble Additional Subordinate Judge at Vellore, Vellore District and to allow the above CRP For Petitioner(s):

Mr. S.Pachaiyappan

ORDER

Challenging the impugned order passed in E.A.No.1 of 2025 in E.A.No.1 of 2023 in E.P.No.7 of 2020 in O.S.No.125 of 2004 by the Additional

Subordinate Court, Vellore, the Revision Petitioner/Judgment Debtor had preferred this Civil Revision Petition.

2.The learned counsel for Revision Petitioner would submit that since he is not able to comply the conditional order passed by the Executing Court to pay a sum of Rs.1000/- on or before 26.02.2025 to set aside the exparte order passed by the Executing Court in E.P.No. 7 of 2020. Therefore, he filed an application in E.A.No.1 of 2023 stating that due to illness, he was not able to pay the amount, but the same was dismissed. Hence, he filed an application to extend the time for payment of cost and the same was dismissed by the trial judge holding that no sufficient reason was assigned. Aggrieved over that, he preferred this Civil Revision Petition.

3.On perusal of records, it is seen that due to illness, the Revision Petitioner/Judgment Debtor is not able to comply the conditional order. However, in the Execution proceedings, the Revision Petitioner is having valid defence. So, he prayed to give one more opportunity. Considering the fact that he was not able to comply the conditional order due to illness on that day. However, the petition in E.P.No.7 of 2020 is ordered. But, on seeing the facts, the suit is of the year 2004, to avoid further multiplicity of proceedings, this Court is inclined to extend the time to comply the conditional order directing him to pay the cost of Rs.1000/- for a period of two weeks from the date of

receipt of copy of this order and the application filed in E.A.No.1 of 2025 is ordered to be allowed. On such deposit of cost, the Revision Petitioner is permitted to proceed with the execution proceedings. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed.

01-06-2026 Index: Yes/No Speaking/Non-speaking order RPP To The Additional Subordinate Judge, Vellore, Vellore Dt.

T.V.THAMILSELVI J.

RPP AND CMP NO. 11869 OF 2026 01-06-2026