Dismissed¶32

Fyzil A.S v. M. Ashok Chand

Madras HC13 Jun 2025CMP/12855/2025

Case brief

AI extract

What is this about?

Extension of time to vacate denied; affidavit of undertaking binding; extension of time not a matter of right; tenants vs landlords; shop at busy tourist spot Ooty/Udhagamandalam; Rent Controller Udhagamandalam eviction order; E.A.No.2 of 2024 in E.P.No.42 of 2014; E.P.No.42 of 2014; CMP No. 12855 of 2025 in CRP No. 1376 of 2025; vacate by 30.06.2025; execution warrant; contempt of Court; Madras High Court; N. Sathish Kumar J.; order dated 13-06-2025.

What did the court decide?

No extension till 30.09.2025 granted; tenants directed to vacate and hand over vacant possession of the shop on or before 30.06.2025, failing which execution warrant to issue immediately and continued non-vacation to attract contempt of Court proceedings. ¶32

Fyzil A.S Vs M. Ashok Chand — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the petitioners/tenants should be granted extension of time till 30.09.2025 to vacate the shop premises, notwithstanding their earlier undertaking (per the order dated 29.04.2025) to vacate by 31.05.2025. +1 more

¶23

Court's answer

The Civil Miscellaneous Petition is dismissed; the petitioners/tenants are directed to vacate and hand over vacant possession of the shop occupied by them to the landlords on or before 30.06.2025, failing which the Execution Court shall immediately issue warrant as against the tenants, and if they still do not vacate, they will be proceeded for contempt of Court.

¶35

Ratio / Principle

Once a party files an affidavit of undertaking before this Court, he/she has to honour it without any violation; as a matter of right, the party cannot seek extension of time, and this Court is therefore not inclined to show any indulgence to the petitioners.

¶30

Detailed headnote1 paragraphs

Madras High Court (Justice N. Sathish Kumar, order dated 13-06-2025) dismissed CMP No. 12855 of 2025 (in CRP No. 1376 of 2025) filed by tenants seeking a further extension till 30.09.2025 to vacate a shop at a busy tourist spot in Ooty, even though they had earlier undertaken, in the disposed Civil Revision Petition (order dated 29.04.2025), to surrender vacant possession by 31.05.2025. Holding that a filed affidavit of undertaking must be honoured without violation and that extension of time cannot be sought as a matter of right, the Court declined indulgence and directed the tenants to vacate and hand over vacant possession on or before 30.06.2025, failing which the Execution Court shall immediately issue warrant against them; continued non-vacation would attract contempt of Court proceedings. The underlying eviction order had been passed by the Rent Controller, Udhagamandalam, in E.A.No.2 of 2024 in E.P.No.42 of 2014.

¶1

CMP No.12855 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 13-06-2025

¶4

CORAM

¶5

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

¶6

CMP No. 12855 of 2025 in

¶7

CRP No. 1376 of 2025

¶8

Fyzil A.S

¶9

S/o Ahmed Sheriff, Garden Bakery, 32, Garden Road, Udhagamandalam & 4 others

¶10

Petitioner(s)

¶11

¶12

M. Ashok Chand S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris & 18 others

¶13

Respondent(s)

¶14

For Petitioner(s): Mr.K.C.Karl Marx

¶15

For Respondent(s): Mr.Vishnu Manoharan for Mr.Vishnu Mohan for R1 and R2 Mr.P.Prithvi Chopda for R16 and R17

¶16

https://www.mhc.tn.gov.in/judis

¶17

CMP No.12855 of 2025

¶18

ORDER

¶19

This petition has been filed by the tenants seeking extension of time by

¶20

four months to vacate the shop under their occupation, as per the order of this Court in C.R.P.No.1376 of 2024, dated 29.04.2025.

¶21

2.The above Civil Revision Petition filed by the tenants as against the order of eviction passed by the Rent Controller, Udhagamandalam, in E.A.No.2 of 2024 in E.P.No.42 of 2014, was disposed of by this Court by order dated 29.04.2025, directing the petitioners/tenants to surrender/hand over the vacant possession of the shop under their occupation, to the landlords, on or before 31.05.2025, as per their undertaking before this Court. It is pertinent to note that, though the petitioners sought time till 31.12.2025, this Court granted time only till 31.05.2025 to vacate the premises.

¶22

3.However, now, once again, the petitioners have taken out the present

¶23

petition to extend the time till 30.09.2025 to vacate the premises. It is the

¶24

https://www.mhc.tn.gov.in/judis

¶25

CMP No.12855 of 2025

¶26

contention of the petitioners that they could not find an alternative place to

¶27

transfer and relocate their shop, since the shop is located at a busy tourist spot at Ooty.

¶28

4.This Court is of the view that, once a party files an affidavit of

¶29

undertaking before this Court, he/she has to honour the undertaking without any

¶30

violation. As a matter of right, the party cannot seek extension of time. Hence,

¶31

this Court is not inclined to show any indulgence to the petitioners.

¶32

5.Accordingly, this Civil Miscellaneous Petition is dismissed. The

¶33

petitioners/tenants are directed to vacate and hand over vacant possession of the

¶34

shop occupied by them, to the landlords, on or before 30.06.2025, failing which,

¶35

the Execution Court shall immediately issue warrant as against the tenants. In

¶36

the event of petitioners still not vacating the premises, it is made clear that they

¶37

will be proceeded for contempt of Court.

¶38

13-06-2025

¶39

mkn

¶40

https://www.mhc.tn.gov.in/judis

¶41

CMP No.12855 of 2025

¶42

Index:Yes/No

¶43

Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

¶44

Note : Issue order copy on 19.06.2025.

¶45

¶46

1.The Rent Controller, Udhagamandalam, The Nilgiris District.

¶47

2.M. Ashok Chand

¶48

S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris.

¶49

3.M. Dharam Chand

¶50

S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris.

¶51

4.M. Jai Chand

¶52

S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris.

¶53

5.M. Vijai Chand

¶54

S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris.

¶55

6. Sumathi B. Rao

¶56

W/o. late. K. Bujanga Rao Expresso Coffee House, Garden Road, Udhagamanalam. Ahamed Shariff (Since Deceased)

¶57

https://www.mhc.tn.gov.in/judis

¶58

CMP No.12855 of 2025

¶59

7.Narayandass No.139 A and C Garden Road, Udhagamandalam.

¶60

8.Ganeshan

¶61

No.139 A and C, Garden Road, Udhagamandalam.

¶62

9.A.K. Chinnaiah No.139 A and C, Garden Road, Udhagamandalam.

¶63

10.A. Nasrullah Garden Bakery, Garden Road, Udhagamanalam.

¶64

11.A.S. Abdul Gani S/o. Ahmed Sheriff, Garden Bakery, Garden Road, Udhagamanalam. Rahima Bi (Since Deceased)

¶65

12.Radhakrishnan S/o. Bujanga Rao, Express Coffee House, Udhagamandalam. Ragavendra Rao (Since Deceased)

¶66

13.Jayalakshmi

¶67

D/o. Bhujaranga Rao, Expresso Coffee House, Udhagamandalam.

¶68

14.Bhargavi

¶69

W/o. Ragavendra Rao @ Raghu, Expresso Coffee House, Garden Road, Udhagamandalam.

¶70

15.Sri Ram

¶71

https://www.mhc.tn.gov.in/judis

¶72

CMP No.12855 of 2025

¶73

S/o. Ragavendra Rao @ Raghu, Expresso Coffee House, Garden Road, Udhagamandalam.

¶74

16.Sri Krishna S/o. Ragavendra Rao @ Raghu, Expresso Coffee House, Garden Road, Udhagamandalam.

¶75

17.S. Kanthilal S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam.

¶76

18.S. Lalithkumar S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam.

¶77

19.S. Mahaveerchand S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam.

¶78

20.S. Balchand S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam.

¶79

https://www.mhc.tn.gov.in/judis

¶80

CMP No.12855 of 2025

¶81

N.SATHISH KUMAR J.

¶82

mkn

¶83

CMP No. 12855 of 2025 in CRP No. 1376 of 2025

¶84

13-06-2025

¶85

https://www.mhc.tn.gov.in/judis

Fyzil A.S v. M. Ashok Chand

Case brief

What is this about?

What did the court decide?

Fyzil A.S v. M. Ashok Chand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Govindammal Vs Eswaramoorthy

M.Gagan Bothra Vs Balamanian

P.Sridevi Vs M.Saradha

Bhagya Shee Jayaraj Vs M. Ashok Chand

Kanakavalli (Died) 1. D. Santha @ D. Santha Mani Vs M. Muralidharan (Died) 1. Kousalya Rani

The Central Government Employees Vs Mayakrishnan