Himmatmal Dhanraj Vs K.Shiv Chand — Writ and Judicial Review | Madras HC (2025)

Himmatmal Dhanraj Vs K.Shiv Chand — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Civil Revision Petition disposed of with directions: revision petitioner to vacate the premises on or before 31.10.2025 while continuing to pay rent; breach of the undertaking to attract contempt proceedings; execution proceedings kept in abeyance till October 2025, with the Execution Petition to terminate upon vacation and otherwise continue; no costs imposed.

Issue for consideration

Whether the order of delivery dated 16.04.2025 passed by the Executing Court in E.P.No.65 of 2025 should be set aside, as prayed for by the revision petitioner.

Ratio / Principle

The Court accepted and took on record the undertaking affidavit filed by the revision petitioner, committing to vacate the premises on or before 31.10.2025.

Key takeaways

The revision petitioner was directed to vacate the premises on or before 31.10.2025 and to continue paying rent until then.ratio¶20
The Court made clear that any violation of the undertaking given before it would result in the revision petitioner being proceeded against for contempt.ratio¶20
The trial Court was directed to keep the Execution proceedings in abeyance till October 2025; thereafter, if the petitioner vacates the premises, the Execution Petition shall be terminated, and otherwise it shall be continued.

Detailed headnote1 paragraphs

MADRAS HIGH COURT (N. Sathish Kumar, J.) - CRP(NPD) No.2138 of 2025 and CMP No.12531 of 2025, decided 16.06.2025: Himmatmal Dhanraj (petitioner) v. K. Shiv Chand (respondent). Challenging, as filed under Section 227 of Constitution of India, the order of delivery dated 16.04.2025 made in E.P.No.65 of 2025 on the file of the learned XIV Judge, Small Causes Court, Chennai, the revision petitioner furnished an undertaking affidavit to vacate the premises on or before 31.10.2025. The Court took the affidavit on record and disposed of the revision, directing the petitioner to vacate by 31.10.2025 while continuing to pay rent meanwhile; declaring that violation of the undertaking would lead to contempt proceedings; and ordering the trial Court to keep the Execution proceedings in abeyance till October 2025, the Execution Petition to be terminated if the premises are vacated and to be continued otherwise. No costs.

CRP(NPD) No.2138 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

CRP(NPD) No.2138 of 2025 and CMP No.12531 of 2025

Himmatmal Dhanraj

... Petitioner

Vs.

K. Shiv Chand ... Respondent

Prayer : Civil Revision petition has been filed under Section 227 of Constitution of India to set aside the order of delivery dated 16.04.2025 made in E.P.No.65 of 2025 on the file of the learned XIV Judge, Small Causes Court, Chennai.

For Petitioner : Mr. Samir S.Shah for M/s.Shah and Shah For Respondent : Mr. C. Jayavel

ORDER

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CRP(NPD) No.2138 of 2025

Challenge has been made against the order of delivery passed by the Executing Court in E.P.No.65 of 2025 dated 16.04.2025.

When the Civil Revision Petition is taken up today, the learned counsel appearing for the petitioner filed an undertaking affidavit filed by the revision petitioner stating that they will vacate the premises on or before 31.10.2025.

The undertaking affidavit filed by the revision petitioner is taken on record.

Accordingly, the revision petitioner shall vacate the premises on or before 31.10.2025 and till such time they shall continue to pay the rent. It is made clear that in the event of any violation of the undertaking given before this Court, the revision petitioner will be proceeded for contempt. The trial Court shall keep in abeyance the Execution proceedings till October 2025. Thereafter, in the event, the petitioner vacated the premises, the Execution Petition shall be terminated. Otherwise, the Execution

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CRP(NPD) No.2138 of 2025

Petition shall be continued.

With the above directions, this Civil Revision Petition is disposed

of. No costs.

16.06.2025

mrp

To

The XIV Small Causes Court, Chennai

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CRP(NPD) No.2138 of 2025

N. SATHISH KUMAR, J.

mrp

CRP(NPD) No.2138 of 2025

16.06.2025

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