Madras High Court
CRP/6256/2026 of V. Shanthi Vs Peter Daniel on 15 October 2026
CRP No. 6256 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6256 of 2026
CNR:{HCMA012342602026}
and
CMP NO. 27022 OF 2026
V. Shanthi
W/o.Velayutham
Flat No.G-A, Gound Floor
Viswakarma Flats,
No.46, 4th Main Road,
Kasthurba Nagar,
Adyar, Chennai 600 020
..Petitioner(s)
Vs
1.Peter Daniel
Flat No.II-B Second Floor
Viswakarma Flats
No.46, 4th Main Road,
Kasturba Nagar
Adyar, Chennai 600 020
2.Siva Aravindan
sole Proprietor
M/s.A.G.Property Management and Facility Arrangement Company No.253, Pillaiyar Koil Street, Vaiyavur Post, Bharathi Nagar Vaiyavur, Kancheepuram 631 561
..Respondent(s)
Prayer: This Civil Revision Petition is filed under Section 115 of CPC, praying to set aside the fair and decretal order passed by the learned XV Small Causes Court, Chennai in EP.No.923 of 2026 in RLTOP.No.178 of 2022 dated 15.09.2026 and to allow the interlocutory application as prayed for.
CRP No. 6256 of 2026
For Petitioner(s):
M.Muthusamy
For Respondent(s):
Mr.V.Sivakumar
for M/s.P.B.Ramanujam Associates For R1
R2 - Service Awaited
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Order
This Civil Revision Petition is filed challenging the order passed by the Executing Court ordering delivery in Execution Petition filed by the respondents.
2. It is not in dispute that the respondents filed an application seeking repossession of the demised premises under Section 21 (2) (a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 42 of 2017. The Rent Court ordered repossession. Challenging the said order, the petitioner filed an appeal in RLTA.No.58 of 2026 and the same is pending on the file of the III Additional City Civil Court, Chennai.
3. It is also not disputed by counsel for both sides that the petitioner filed an application seeking stay of further proceedings pending disposal of the appeal and the said stay application was dismissed on 24.09.2026. The respondents herein filed E.P.No.923 of 2026, seeking execution of the order for repossession. In the said Execution Petition, since there is no stay by the First
CRP No. 6256 of 2026 Appellate Court, the Executing Court ordered delivery. Aggrieved by the same, the petitioner has come before this Court.
4. Since there is no stay by the Appellate Forum, the Executing Court rightly proceeded with the execution of the order for repossession and ordered delivery.
5. I do not find any error in the said order, however, it is stated the appeal filed by the petitioner in RLTA.No.58 of 2026 is posted for hearing on 02.11.2026. The petitioner is directed to advance his arguments in the appeal on 02.11.2026. The respondents shall also co-operate for early disposal of the appeal. In any event, the III Additional City Civil Court, Chennai is directed to dispose of RLTA.No.58 of 2026 on or before 13.11.2026. Till then, the impugned order passed by the Executing Court is kept in abeyance. Thereafter, the respondents are at liberty to proceed with the Execution Proceedings.
6. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ub
CRP No. 6256 of 2026 S.SOUNTHAR J. ub CRP No. 6256 of 2026 15-10-2026