R.Karunankaran v. R.Kalavathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P. No.6010 of 2025 and C.M.P. No.29731 of 2025 R.Karunakaran

...Petitioner / Judgment Debtor / Defendant

Vs.

R.Kalavathy .. Respondent / Decree Holder / Plaintiff PRAYER: This Civil Revision Petition is filed under Section 227 of the Constitution of India, to set aside the order passed in E.A.Sr.No.41650 of 2025 dated 11.11.2025 in E.P.No.5985 of 2022 in O.S.No.3880 of 2019 on the file of the IX Assistant City Civil Court, Chennai. For Petitioner Mrs.Chitra Sampath, Senior Counsel, For Ms.Gajalakshmi Karan For Respondent Mr.Udayakumar 1/5

ORDER

Heard Mrs.Chitra Sampath, learned Senior Counsel for the petitioner and Mr.Udayakumar, learned counsel for the respondent. 2.The learned Senior Counsel would submit that, as against the judgment of the trial Court, a regular First Appeal has been filed. It is pending before the VII Additional Judge, City Civil Court, Chennai. The learned Senior Counsel would submit that the appellant has already argued the appeal and it is posted for the argument of the respondent and when the office of the Court became vacant, the matter was subsequently being heard by the VI Additional Judge, City Civil Court, Chennai, in-charge of the VII Additional City Civil Court, Chennai. The learned Senior Counsel further stated that now both the counsels have argued the appeal and it is posted for the reply arguments by the appellant tomorrow i.e., 26.11.2025. 3.In the meantime, the respondent proceeded with the execution petition and the executing Court finding that there is no interim stay granted by the First Appellate Court has ordered delivery on 14.11.2025. Aggrieved 2/5

by the same, the present revision petition has been filed. 4.Though there is no interim stay granted in the first appeal, I find that the appellant has been ready for expeditious disposal of the appeal and in fact, argued the appeal also and the appeal is at the fag end of the hearing. It would, therefore, suffice to confirm the impugned order in the revision and accordingly, the same is confirmed. However, the delivery warrant shall be deferred for a period of four weeks, from the date of receipt of a copy of this order.

5.The learned VI Additional Judge, City Civil Court, Chennai, incharge of the VII Additional City Civil Court, Chennai, is requested to conclude the argument and dispose of A.S.No.109 of 2024, on or before 15.12.2025.

6.With the above observation, this Civil Revision Petition is disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

25.11.2025 smv Index :Yes/No :Yes/No Speaking order :Yes/No 3/5

To, 1.The VI Additional Judge, City Civil Court, Chennai. 2.The VII Additional Judge, City Civil Court, Chennai. P.B. BALAJI, J.

smv 4/5

C.R.P. No.6010 of 2025 and C.M.P. No.29731 of 2025 2 5 . 1 1 . 2 0 2 5 5/5