Dismissed¶38

J. Santhosh v. M. Nirmal Kumar

Madras HC2 Jun 2026CMP/3677/2026

Case brief

AI extract

What is this about?

Madras High Court order dated 02-06-2026 by T.V. THAMILSELVI, J.; CMP No. 3677 of 2026 in CRP.No.3434 of 2025; Section 151 CPC; tenant/appellant (J. Santhosh, Proprietor, Guess Collections) sought six months' time to vacate and hand over vacant possession to Respondents 1 and 2 / Decree Holders (M. Nirmal Kumar and Aarti Maheswari); petitioner made no appearance; possession already handed over to first respondent/landlord in compliance with earlier order granting time; nothing further survived; petition dismissed. Keywords: time to vacate, vacant possession, decree holders, landlord, Section 151 CPC, dismissal for want of surviving relief.

What did the court decide?

The petitioner has vacated the premises and handed over vacant possession, and this Court's earlier direction granting time to vacate has been complied with. ¶35

J. Santhosh Vs M. Nirmal Kumar — Madras HC (2026) — LawSathi Research

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CMP No. 3677 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-06-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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CMP No. 3677 of 2026 in CRP.No.3434 of 2025

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J. Santhosh Proprietor, Guess Collections, Basement No.213/214, Kapilavastu Complex, Purasawalkam High Road, Purasawalkam, Chennai 7.

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..Appellant(s)

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M. Nirmal Kumar S/o.Moolchand Maheswari, No.3, Crescent Park Road, T.Nage, Chennai 17.

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Aarti Maheswari W/o.M.Nirmal Kumar, No.3, crescent Park Road, T.Nagar, Chennai 17.

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Amarth Kawar Bafna W/o.Shanthilal Bafna, No.88, 4th Floor, Kapil Park Bulding, Alagappa Road Chennai 84.

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Style Spirit D.No.213 and 214, Purasawalkam High Road, Purasawalkam, Chennai 7.

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Poorvika Mobiles D.No.213 and 214, Purasawalkam High Road, Purasawalkam, Chennai 7.

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Salai Enterprises D.NO.213 and 214, Purasawalkam High Road,

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__________ Page1 of 4

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

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CMP No. 3677 of 2026

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Purasawalkam, Chennai 7.

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J.J.Mobile World D.No.213 and 214, Purasawalkam High Road, Purasawalkam, Chennai 7.

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Singapore Gold House D.No.213 and 214, Purasawalkam high Road, Purasawalkam High Road, Purasawalkam, Chennai 7.

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Mummy Fashion Rep.by its Proprietor, Jaganathan, D.No.213 and 214, Purasalkam, Chennai 7.

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..Respondent(s)

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Prayer: Civil Miscellaneous Petition filed under section 151 of CPC., to grant a time six month to the petitioner to vacate and handover the vacant possession of the Petition premises to the Respondents 1 and 2 / Decree holders and pass such further or other orders as this Honble Court.

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For Appellant(s):	No appearance
For Respondent(s):	MR.S.VASUDEVAN FOR R1

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ORDER

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The first respondent has appeared through counsel.

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There is no representation on behalf of the petitioner. However, it is

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submitted that, in terms of the earlier order of this Court, the petitioner has

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Page2 of 4

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

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CMP No. 3677 of 2026

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handed over possession of the property to the first respondent, and the first respondent has also taken possession of the property.

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Therefore, it is evident that the petitioner has vacated the premises and

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handed over vacant possession. This Court had already granted time to the petitioner to vacate the premises, and the said direction has been complied with.

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Though there is no representation for the petitioner, it is seen that the

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original tenant has handed over possession to the first respondent/landlord. Since the order granting time to vacate the premises has been duly complied with, nothing further survives for consideration.

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