Dismissed¶23

P.Gajendran v. N. Bharathi Dhamodaram

Madras HC5 Feb 2026CRP/5575/2025

Case brief

AI extract

What is this about?

Civil Revision Petition (S.115 CPC) against execution-stage order in EP No.55 of 2023 arising from rent control eviction in RCOP No.3 of 2016, Principal District Munsif Alandur; dismissal for infructuosity after delivery of possession by Court Bailiff on 04.11.2025 despite interim stay dated 10.11.2025; restitution right reserved contingent on success in pending Rent Control Appeal (hearing 06.02.2026); parties: P.Gajendran (tenant/petitioner) v. N.Bharathi Dhamodaram, M.Divakar, Kalpana Hemanth (landlords/respondents); Madras High Court, single judge, 05.02.2026.

What did the court decide?

None; civil revision petition dismissed with no costs and connected miscellaneous petition closed, with an observation reserving the petitioner's entitlement to seek restitution if he succeeds in the Rent Control Appeal. ¶23

P.Gajendran Vs N. Bharathi Dhamodaram — Madras HC (2026) — LawSathi Research

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CRP No.5575 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2026

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CORAM

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THE HONOURABLE MR JUSTICE P.B. BALAJI

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CRP.No.5575 of 2025 and CMP No.27976 of 2025

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P.Gajendran ... Petitioner

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Vs.

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N.Bharathi Dhamodaram 2.M.Divakar 3.Kalpana Hemanth ... Respondents

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Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code against the order passed in EP No.55 of 2023 in RCOP No.3 of 2016 on the file of Principal District Munsif, Alandur.

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For Petitioner : Mr.P.T.Geotom

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For Respondents : Mr.B.Janakiram

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ORDER

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Heard the learned counsel for the petitioner.

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1/4

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

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CRP No.5575 of 2025

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Learned counsel for the respondents/landlords brings to my notice that even before the stay was granted by this Court on 10.11.2025, on 04.11.2025, the warrant of delivery was executed by Court Bailiff and possession has been taken from the petitioner/tenant. Learned counsel for the respondents also filed typed set of papers which contains the endorsement made by the petitioner/tenant himself stating that he has taken back his belongings.

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Learned counsel for the petitioner/tenant would state that Rent Control Appeal has been filed against the order of eviction and the same is coming up for hearing on 06.02.2026. He therefore states that subject to the final decision in the Rent Control Appeal, the rights of the petitioner may be reserved.

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In view of the fact that possession has been taken through Court in E.P.No.55 of 2023 on the file of Principal District Munsif Combined Court, Alandur, I do not see any purpose in keeping the revision pending on file. It is made clear that in the event of succeeding the petitioner in the Rent Control Appeal, he would certainly be entitled to seek restitution. 2/4

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

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CRP No.5575 of 2025

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