Case Note & Summary
The petitioner, M/s. Nandhini Agro Research Centre, a partnership firm represented by its partner Sri Rupesh Anand, filed CMP No. 4793 of 2026 seeking leave to file a Civil Revision Petition (CRP SR No. 23352 of 2026) against the fair and decreetal order dated 10.12.2025 passed by the Additional District Judge, Hosur in E.P. No.212 of 2024 in Arbitration O.P. No.101 of 2022. The background facts reveal that a Memorandum of Understanding (MOU) was entered into between the respondents on 29.06.2018. Disputes arose under the MOU and were referred to arbitration in Arbitration Case No.101 of 2022. An arbitral award was passed on 16.08.2023 directing the respondents to execute sale deeds in favour of the claimant or his nominees in respect of 60.75 acres of land. The award also directed the respondents to finalise amounts payable to creditors including M/s. Nandhini Agro Research Centre (the petitioner). The decree-holder (respondent No.1) filed E.P. No.212 of 2024 for execution of the award. The petitioner, claiming to be a creditor and having an interest in the property, filed an application in the execution proceedings which was dismissed by the executing court on 10.12.2025. Aggrieved, the petitioner filed the present CMP seeking leave to file a revision. The court considered the maintainability of the petition. The court noted that the petitioner was not a party to the arbitration proceedings or the award, and was only a creditor mentioned in the award. The execution proceedings were between the decree-holder and the judgment-debtors. The petitioner had no locus standi to challenge the execution order. The court held that a third party who is not a party to the decree or execution proceedings cannot seek leave to file a revision. The petition was dismissed as not maintainable. The court did not go into the merits of the case.
Headnote
A) Civil Procedure - Execution Proceedings - Locus Standi of Third Party - Leave to File Revision - The petitioner, a third party to the execution proceedings, sought leave to file a civil revision petition against an order dated 10.12.2025 passed in E.P. No.212 of 2024. The court held that a third party who is not a party to the decree or execution proceedings has no right to challenge the execution order. The petition was dismissed as not maintainable. (Paras 1-5)
Issue of Consideration
Whether a third party to the execution proceedings can be granted leave to file a civil revision petition against an order passed in execution proceedings.
Final Decision
The petition is dismissed as not maintainable. No order as to costs.
Law Points
- Third party cannot seek leave to file revision against execution order when not a party to the decree or execution proceedings
- Leave to file revision is not maintainable for a third party who is not aggrieved by the decree
- Execution proceedings are between decree-holder and judgment-debtor
- third party has no locus standi
