Madras High Court
CRP/6352/2026 of Oncocare Healthworks and Molecular Engineering Pri Vs Sundeep Bhandari on 9 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.6352 of 2026
CNR:{HCMA012354412026}
and CRP.No.6358 of 2026
and CMP.Nos.27377 and 27384 of 2026
M/s.Oncocare Healthworks and Molecular
Engineering Private Limited
Represented by its Director Mr.S.Shreedharan Aashirwad Towers, 2nd Floor, Door No.2/182, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
..Petitioner(s)
Vs
Sundeep Bhandari
..Respondent(s)
CRP No. 6358 of 2026
CNR:{HCMA012354422026}
M/s.Oncocare Healthworks and Molecular
Engineering Private Limited
Represented by its Director Mr.S.Shreedharan Aashirwad Towers, 2nd Floor, Door No.2/182, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
..Appellant(s)
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Vs
Sachin Bhandari
..Respondent(s)
COMMON PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to Set aside the order dated 22.09.2026 made in E.P.Nos.924 and 905 of 2026 pending on the file of the XVI Small Causes Court, Chennai.
For Petitioner
: Mr.B.Natarajan
(in both CRPs)
For Respondent
: Mr.K.P.Suresh Kumar
(in both CRPs)
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COMMON ORDER
These Civil Revision Petitions are filed challenging the order passed by the Execution Court ordering delivery by allowing the execution petitions filed by the respondent.
2. The respondent herein filed a original petitions seeking repossession of the tenanted premises in R.L.T.O.P.Nos.92 and 142 of 2025. The respondent sought for repossession under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The said
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original petitions were allowed by the Rent Court by order dated 17.06.2026. Thereafter, the respondent filed the instant execution petitions in E.P.Nos.905 and 924 of 2026 and the same have been ordered by the impugned orders. Aggrieved by the same, the petitioner/tenant has come before this Court.
3. The learned counsel appearing for the petitioner would submit that the Executing Court ordered delivery without affording reasonable opportunity to the petitioner to file counter and contest the case. Hence, the impugned orders are liable to be set aside.
4. It is seen from the impugned orders that the notice was served on the petitioner by paper publication and as he failed to appear, he was set exparte. Thereafter, the petitioner filed an application to set aside the exparte order in E.A.No.2 of 2026 and the same was allowed by order dated 15.09.2026. Inspite of allowing of E.A.No.2 of 2026, the petitioner has not filed counter till 22.09.2026. When the petitioner acquired knowledge about exparte order passed in the execution petitions, he ought to have filed counter along with the petition to set aside the exparte order, he failed to do so. Atleast after allowing the E.A.No.2 of 2026, the petitioner should have filed counter in the execution petition. However, on 22.09.2026, the petitioner appeared before the Court
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filing memo stating that challenging the order passed by the Rent Court he filing an appeal and the same has not been numbered.
5. When the petitioner is able to file a memo before the Executing Court, mentioning the filing of appeal by him, he could have filed counter. Therefore, the submission made by the learned counsel for the petitioner that his client was not afforded with reasonable opportunity to file counter in execution petition is not appealable to this Court.
6. It is seen from the impugned orders, both the counsel admitted before the Executing Court that no stay order has been passed by the First Appellate Court. In fact, as per the memo filed by the petitioner, the appeal has not been numbered when the order was passed. After recording that no stay order has been passed by the Appellate Court, the Executing Court rightly ordered delivery by the impugned order.
7. The learned counsel appearing for the petitioner admits that till date no stay order has been passed by the Appellate Court.
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8. In view of the same, there is no impediment for the Executing Court to pass final orders in the execution petitions. Accordingly, the delivery has been ordered by the Executing Court by impugned orders. I do not find any error in the said orders.
9. In view of the said discussion, this Court is not inclined to interfere with the impugned orders and accordingly, these Civil Revision Petitions are dismissed.
10. At this juncture, the learned counsel appearing for the petitioner would submit that a reasonable time may be given to the petitioner to vacate the premises and handover the vacant possession to the respondent. The learned counsel for the petitioner also submits that the petitioner is ready to file an undertaking affidavit before this Court.
11. In the light of the request made by the learned counsel for the petitioner, this Court is inclined to grant time to the petitioner to handover the vacant possession to the respondent on or before 30.11.2026. The petitioner shall file an affidavit of undertaking before this Court on or before 15.10.2026 to the effect that he would handover the vacant possession of the suit property to
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the respondent on or before 30.11.2026 without dragging him to the execution proceedings. In case, the affidavit of undertaking is not filed by the petitioner by 15.10.2026, the respondent is entitled to proceed with the Execution Petitions and workout his remedy in the manner known to law. No costs. Consequently, the connected Miscellaneous Petitions are closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm
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To The XVI Small Causes Court, Chennai.
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S.SOUNTHAR J. dm CRP.Nos.6352 and 6358 of 2026 and CMP.Nos.27377 and 27384o of 2026 09-10-2026
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