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Judgment
6 paragraphs · 207 wordsK.Kumaresh Babu, J
This Civil Revision Petition is filed to call for the records and set aside the returning order of the reopen application in E.A.No.-- of 2025 in E.P.No. 72 of 2023 on the file of the III Additional District Court, Tiruchirappalli, pursuant to award dated 24.11.2022 in Arbitration A.C.P. TF No. 438/2022 and direct the executing court to take the application on file.
The petition had been filed seeking to reopen the execution petition in which arguments were heard and posted for orders on 25.10.2025.
Learned counsel for the petitioners would submit that only after the execution petition is reopened, he would be able to file an application under Section 47 of CPC.
This Court is of the view that even without reopening the execution petition, which is posted for orders, an application under Section 47 of CPC is maintainable.
With the above observation, this Civil Revision Petition is dismissed, with liberty to the petitioners to file an application under Section 47 of CPC, if they are so advised and if such an application is filed, the same shall be taken on file and decided on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition stands closed.
