J.Santhosh Vs M.Nirmal Kumar

This Civil Revision Petition has been filed uner Article 227 of the Constitution of India to set aside the fair and decreetal order dated 28-04-2025 passed in

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

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CRP No. 3434 of 2025

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E.A.Sr.No.17118/2025 in E.P.No.244/2023 on the file of the XI Judge, Court of Small Causes, Chennai.

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For Petitioner(s): Mr. K.R. Ramesh Kumar

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For Respondent(s): Mr. S Vasudevan, for R1 & R2

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ORDER

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The Civil Revision Petition has been filed challenging the order passed by

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the Execution Court dismissing the application filed by the petitioner, who filed

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an obstruction petition.

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Originally, the RCOP has been filed against the chief tenant and sub

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tenant. The symbolic possession has been recorded as against the chief tenant.

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However, the sub tenants objected to the delivery of possession, which was the subject matter before this court in CRP Nos.55, 63, 64, 68 & 71 of 2024. This

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court directed the Execution Court to proceed expeditiously and dispose of the

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execution petition in E.P.No.485 of 2012. The said order was also confirmed by

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the Hon’ble Apex Court, and the SLP filed against it was dismissed in Diary

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no.13739 on 07.04.2025.

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

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CRP No. 3434 of 2025

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Now once again, an application under Order XXI Rule 97 CPC has

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been filed by the revision petitioner claiming to be a sub tenant. The said

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application has also been dismissed. Aggrieved thereby, the present revision has

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been filed .

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When the Court was about to dismiss the revision on merits, an

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affidavit of undertaking has been filed by the revision petitioner, admitting that

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out of four shops,two shops have been vacated today itself and eviction of the

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said two shops has been acknowledged by the respondent. In respect of the remaining two shops, the petitioner undertakes to vacate and hand over possession on or before 31.01.2026. An affidavit to that effect has also been filed.

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The learned counsel for the respondent fairly submitted that he has no

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objection for granting such final time.

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

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It is made clear that in the event of any violation of the said

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undertaking, the same shall invite the contempt proceedings against the

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petitioner.

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

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CRP No. 3434 of 2025

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Accordingly, the Civil Revision Petition is disposed of. No costs.

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Consequently, connected miscellaneous petition is closed. Time is granted to the revision petitioner/tenant to hand over vacant possession of the subject premises

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to the respondent/landlord on or before 31.01.2026. The affidavit of undertaking filed by the revision petitioner dated 08.08.2025 shall form part of the record. The Execution Court is directed to pass orders in E.P.No.244 of 2023, which

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was filed in respect of other tenant, sas expeditiously as possible.

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08-08-2025

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

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To

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The XI Small Causes Court, Chennai

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