Disposed¶31

Vishvanathan (Deceased), 1.Ramesh v. Fathima Beevi

Madras HC14 Jul 2026CRP/2912/2026

Case brief

AI extract

What is this about?

Madras High Court; CRP No. 2912 of 2026 and CMP No.11933 of 2026; Section 115 CPC revision; Order XXI Rule 26 CPC stay of execution; dismissal of stay application; eviction order; RCOP No.1 of 2024; EP No.6 of 2025; E.A.No.3 of 2026; RTA No.2 of 2025 rent control appeal; deferment of execution pending appeal; time-bound disposal of appeal by 30.09.2026; tenant protection; landlord execution from present stage; P.B. Balaji J.; Kudavasal; Thiruvarur.

What did the court decide?

Sub Court, Thiruvarur directed to dispose of RTA No.2 of 2025 expeditiously and on or before 30.09.2026; Execution Petition proceedings deferred till disposal of RTA No.2 of 2025, whereafter the respondent may proceed with the Execution Petition from the present stage subject to its result; no costs; connected miscellaneous petition closed. ¶31

Vishvanathan (Deceased), 1.Ramesh Vs Fathima Beevi — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether relief should be granted to the tenant-petitioners whose application under Order XXI Rule 26 CPC for stay of execution of the eviction order was dismissed, while their appeal (RTA No.2 of 2025) against the eviction order is pending.

¶24

Court's answer

It would be sufficient to protect the interest of the petitioners by directing the Sub Court, Thiruvarur to dispose of RTA No.2 of 2025 expeditiously and at any rate on or before 30.09.2026.

¶28

Ratio / Principle

The proceedings in the Execution Petition shall stand deferred till the disposal of RTA No.2 of 2025.

¶29

Key takeaways

Subject to the result of RTA No.2 of 2025, it shall be open to the respondent to proceed with the Execution Petition from the present stage.ratio¶29
With the above direction, the civil revision petition stands disposed of with no costs, and the connected miscellaneous petition is closed.ratio¶31

Detailed headnote1 paragraphs

Tenants, aggrieved by the dismissal of their application under Order XXI Rule 26 of the Civil Procedure Code seeking stay of execution of an eviction order (E.A.No.3 of 2026 in EP No.6 of 2025, arising out of RCOP No.1 of 2024 on the file of the District Munsif CUM Judicial Magistrate Court, Kudavasal), moved a revision under Section 115 CPC. Their appeal against the eviction order was already pending in RTA No.2 of 2025 before the Sub Court, Thiruvarur, with the landlord-respondent having entered appearance. P.B. Balaji, J., held it sufficient to protect the tenants' interest by directing the Sub Court, Thiruvarur to dispose of RTA No.2 of 2025 expeditiously and at any rate on or before 30.09.2026; the Execution Petition was deferred till such disposal, after which the respondent may proceed therewith from the present stage subject to the result of the appeal. Revision disposed of; no costs; connected miscellaneous petition closed.

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 14-07-2026

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE P.B. BALAJI

¶5

CRP No. 2912 of 2026 and CMP No.11933 of 2026

¶6

Vishvanathan (Deceased), 1.Ramesh S/o. Late Vishvanathan, No.96, Jemini Colony, Athikadai Sathiram, Kudavasal Taluk, Thiruvarur District.

¶7

2. Kalyani

¶8

W/o. Late Vishvanathan, No.96, Jemini Colony, Athikadai Sathiram, Kudavasal Taluk, Thiruvarur District.

¶9

3. Dhanalakshmi

¶10

D/o. Late Vishvanathan, No.96, Jemini Colony, Athikadai Sathiram, Kudavasal Taluk, Thiruvarur District.

¶11

4. Sudha

¶12

D/o. Late Vishvanathan, No.96, Jemini Colony, Athikadai Sathiram, Kudavasal Taluk, Thiruvarur District.

Petitioner(s)

1. Fathima Beevi

W/o. Mohammed Yasin, D.No.8, Main Road, Kudavasal and Taluk, Thiruvarur District.

¶17

Respondent(s)

¶18

Revision filed under Section 115 of Civil Procedure Code for a direction to allow E.A.No.3 of 2026 numbered in EP No.6 of 2025 in RCOP No.1 of 2024 pending

¶19

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

¶20

on the file of District Munsif CUM Judicial Magistrate Court at Kudavasal.

¶21

For Petitioner(s): M.Tamizavel

¶22

For Respondent(s): M/s.P.Parthikannan

¶23

ORDER

¶24

The petitioners are tenants who were aggrieved by the dismissal of their application filed under Order XXI Rule 26 of Civil Procedure Code seeking stay of the execution of the eviction order.

¶25

Admittedly aggrieved by the order of eviction, the petitioners have filed an

¶26

appeal in RTA No.2 of 2025, in which, the respondent has also entered appearance and it is pending on the file of Sub Court, Thiruvarur.

¶27

In the light of above, it would be sufficient to protect the interest of the

¶28

petitioners by directing the Sub Court, Thiruvarur to dispose of RTA No.2 of 2025 expeditiously and at any rate, on or before 30.09.2026.

¶29

The proceedings in the Execution Petition shall be deferred till the disposal of RTA No.2 of 2025 and subject to the result of RTA No.2 of 2025, it shall be open to the respondent to proceed with the Execution Petition, from the present stage.

¶30

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

¶31