C.Vijayakumar Vs Tharaka Impex India Limited

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CRP No. 4151 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-07-2026

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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CRP No. 4151 of 2026

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C.Vijayakumar Plot No.10 and 11, Flat No.A5, Mathi Apartments, Reddypalayam Road, Jeswanth Nagar, Mogappair West, Chennai 600 037. and 2 Others 2. V.Hemamalini Plot No.10 and 11, Flat No.A5, Mathi Apartments, Redypalayam Road, Jeswanth Nagar, Mogappair West, Chennai 600 037. 3. C.Yashwant Kumar Plot No.10 and 11, Flat No.A5, Mathi Apartments, Redypalayam Road, Jeswanth Nagar, Mogappair West, Chennai 600 037.

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Petitioner(s)

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Vs

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Tharaka Impex India Limited Rep by 1. Palani, The Executive Director, S/o.Ranganathan, Plot No.293, Radha Krisna Apartments, Flat No.S-2, Thiruvalluvar Salai, Kamaraj Salai, alwarthirunagar, Chennai 600 087. 2.Guanavel Kumarasamy The managing Director, S/o. Kumarasamy, No.509 P-2, Red Rose Plaza, No.50D.B. Road, R.S.Puram, Coimbatore 641 002

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Respondent(s)

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Revision filed under Article 227 of Constitution of India to direct the Additional District Munsif, Poonamallee, Tiruvallur District to dispose of EP No.2 of 2026 arising

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1/4

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

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CRP No. 4151 of 2026

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out of RLTOP No.4 of 2025 pending on its file, within a time frame to be fixed by this Court.

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For Petitioner(s): M/s. P.Tamilagan

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ORDER

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The Decree Holder is the revision petitioner, seeking expeditious disposal of E.P.No.2 of 2026, filed for recovery of possession and for various other reliefs in terms

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of the decree passed by the Rent Court in RLTOP No.4 of 2025. According to the learned counsel for the petitioner, no appeal has been filed before the Rent Tribunal, challenging the order passed by the Rent Court. However, an application to set aside the exparte order has been filed in RLTOP No.4 of 2025 and the same is pending.

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Considering that there is no stay granted by any higher Court or even by the Court trying the application to set aside the exparte order, the executing Court has proceeded to entertain the application for execution under Section 39 of TNRRRLT Act, 2017. However, the respondents have filed an application under Order XXXI Rule 26 of Civil Procedure Code seeking stay and also to condone the delay of 202 days in RLTOP No.4 of 2025.

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Section 39 of TNRRRLT Act mandates the Executing Court to dispose of

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

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CRP No. 4151 of 2026

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Execution Petitions within a period of thirty days. Mere pendency of setting aside application does not impede the Executing Court from proceeding with the execution proceedings.

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In view of the statutory mandate under the new enactment, the objects of which are speedy disposal of eviction dispute between landlord and tenant, I am inclined to direct the Additional District Munsif, Poonamallee to dispose of EP No.2 of 2026 along with all pending applications within a period of four weeks from the date of receipt of a copy of this order.

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