Madras High Court
CRP/6263/2026 of Vasantharani Vs Adikesavan on 14 October 2026
CRP No. 6263 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6263 of 2026
CNR:{HCMA012331642026}
and
CMP NO. 27039 OF 2026
1.Vasantharani
w/o late Rajasegaran,
No.13, 6th Cross Street,
Bharathi Nagar,
Karuvadikuppam,
Puducherry - 605 008
2.Mouralidaran
s/o late Rajasegaran,
No.13, 6th Cross Street,
Bharathi Nagar,
Karuvadikuppam,
Puducherry - 605 008
..Petitioner(s)
Vs
1.Adikesavan
s/o late Nadaraja Udayar,
No.227, Rangapillai Street,
Puducherry - 605 001.
1.Adiyapatham
s/o late Nadraja Udayar,
No.203, Mariamman Koil Street,
Panruti Taluk,
Cuddalore District.
2.Balamourougan
s/o late Rajasegaran,
No.13, 6th Cross Street,
Bharathi Nagar,
Karuvadikuppam,
Puducherry 605 008.
3.Buvanesvary
..Respondent(s)
__________
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CRP No. 6263 of 2026
Prayer: This Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the order dated 10.07.2026 passed in EP No.144
of 2023 in HRCOP No.6 of 2022 on the file of Rent Controller I, Puducherry and allow the Civil Revision Petition.
For Petitioner(s):
Mr.K.Sasindran
for Rajkumari.D
For Respondent(s):
Mr.D.Senthilkumar for R1
R2 to R4 service awaited
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Order
This Civil Revision Petition is filed challenging the order passed by the Executing Court allowing the Execution Petition filed by the respondents.
2. The respondents herein filed a Rent Control eviction petition on the ground of wilful default and denial of title in HRCOP.No.6 of 2022 on the file of the Rent Controller I, Puducherry.
3. The petitioners remained exparte in the said original petition and ultimately the original petition was ordered after setting the petitioners exparte. The petitioners filed an application to set aside the exparte order in I.A.No.2 of 2024 in HRCOP.No.6 of 2022 and the said application was allowed by the Rent Controller on 14.08.2025 on condition that the petitioner should pay a sum of __________
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CRP No. 6263 of 2026 Rs.2,000/- to 1st respondent therein on or before 15.09.2025. The petitioners failed to comply with the condition and hence the said petition was dismissed on 06.10.2025.
4. In the meantime, the respondents filed Execution Petition to take delivery of the property as per the eviction order in E.P.No.144 of 2023. Since there is no stay order by the superior Court, the executing Court proceeded with the Execution Petition and passed order for the delivery. Aggrieved by the same, the petitioners have come before this Court.
5. The learned counsel appearing for the petitioners vehemently contended that the petitioners filed an application to set aside the exparte eviction order passed against him and the same was allowed on condition. Since the condition imposed by the Court was not brought to the notice of the petitioners, there was a default on the part of the petitioners and hence the said application has been dismissed.
6. It is also stated that the petitioners have taken steps to seek extension of time to comply with the condition. __________
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CRP No. 6263 of 2026
7. It is also stated that there is no landlord and tenant relationship between the petitioners and the respondents. The petitioners' father namely Rajasegaran entered into an agreement with the respondents' predecessor in interest Adhilakshmi Ammal and based on the said agreement, a Civil Suit for specific performance was filed and the same was dismissed. Challenging the said judgment and decree an appeal is pending.
8. As far as the question regarding the absence of landlord and tenant relationship is concerned, the same cannot be raised in Execution Petition. The petitioners had opportunity to raise the said point in the main original petition but they remained exparte in the main original petition. The points which they failed to raise cannot be raised in execution proceedings and the same is barred by the doctrine of constructive res judicata. The petitioners filed an application to set aside the exparte order of eviction and the same was also allowed by the Rent Controller. However, the petitioners failed to capitalise on the indulgence shown by the Rent controller and deposit the cost as per the direction. In such circumstance, the petition filed by the petitioner to set aside the exparte eviction order was dismissed. In the absence of stay, the Executing Court rightly proceeded with the execution of the eviction order and passed impugned order. __________
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CRP No. 6263 of 2026
9. I do not find any material illegality in the order passed by the Rent Controller. Accordingly, this Civil Revision Petition is dismissed. 15.10.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ub To The Rent Controller I, Puducherry. __________
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CRP No. 6263 of 2026 S.SOUNTHAR J. ub CRP No. 6263 of 2026 15-10-2026 __________
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