Fazil.a.S. Vs M.Ashok Chand

Civil Revision Petition filed under Article 115 of Civil Procedure Code, 1908, seeking to set aside the fair decreetal order dated 13.12.2024 made in E.A. No.4 of 2024 in E.P. No.43 of 2014 on the file of the Rent Controller, Udhagamandalam, The Nilgiris District.

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For Petitioner : Mr. S. Shanmugasundaram, for Mr. K. C. Karl Marx

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For Respondent : Mr. Vishnu Mohan (for R1 & R2) : No Appearance (for R3 to R37)

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

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C.R.P.No.1384 of 2025

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ORDER

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This civil revision petition has been filed challenging the order dated 13.12.2024 made in E.A.No.4 of 2024 in E.P.No.43 of 2014 in R.C.O.P. No.34 of 1990 on the file of the Rent Controller, Udhagamanadalam, the Nilgiris District, by which, the execution petition in E.A.No.4 of 2024 filed by the petitioners, seeking to set aside the exparte order of eviction, was dismissed.

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Learned counsel for the petitioners produced an affidavit of the

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first petitioner dated 04.04.2025 on behalf of other petitioners and submitted that the petitioners undertake to vacate and handover the vacant possession of the shop property under their occupation on or before 31.12.2025 to the decree holder in E.P.No.43 of 2014.

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The said affidavit dated 04.04.2025 filed by the first petitioner on

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behalf of other petitioners is taken on record.

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Learned counsel for the respondents expressed his objection and

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submitted that the petitioners/tenants have not filed any appeal against the

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C.R.P.No.1384 of 2025

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order passed in R.C.O.P.No.34 of 1990. Subsequently, the petitioners have

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filed E.A.No.4 of 2024 in E.P.No.43 of 2014, only to drag the proceedings. The rent control original petition was filed in the year 1990, and the execution petition was filed in the year 2014, and almost 24 years, they have been successfully dragging the proceedings. Though the respondents/landlords have obtained a favourable decree in R.C.O.P.No.34 of 1990, in the year 2001 (i.e.,29.10.2001), they are unable to enjoy the fruits of the decree till date, and the time sought for by the petitioner to vacat and handover the possession is too long.

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Heard the learned counsel on either sides and perused the materials available on record.

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Though the affidavit dated 04.04.2025 filed by the first petitioner on behalf of other petitioners is taken record, this Court is not inclined to extend the time upto 31.12.2025 as requested by the petitioners, and this Court grants time to surrender the possession of the property to the decree holder in E.P.No.43 of 2014, on or before 31.05.2025 .

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

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C.R.P.No.1384 of 2025

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It is made clear that if the revision petitioners failed to vacate and handover the possession on or before 31.05.2025 , the Executing Court is at liberty to execute the warrant after 31.05.2025. The respondents/landlords can also proceed against the petitioners for violating the undertaken given by the petitioners and as an act of contempt of the order of this Court.

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