Madras High Court

CRP/5527/2026 of M.S.Samdani (Died) 1. Wajaida Samdani Vs Yousuf alias Babu on 29 September 2026

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CRP No. 5527 of 2026

And

C/IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-09-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 5527 of 2026

and

C.M.P.No.23866 of 2026

CNR: {HCMA012049212026}

M.S.Samdani (Died)

1. Wajaida Samdani

No.7, Lalithapuram Road,

Royapettah,

Chennai 4.

2. Sabiha Kulsoom

No.7, Lalithapuram Road,

Royapettah,

Chennai 4.

M.V. Ravoof (Died)

M.V. Subhani (died)

3. M.N. Irfani

No.45, Buchi Babu road,

Chennai 5.

4. Kausar Tasneem

No.316, T.T.K. Road,

Chennai 018.

Sayeeda Zahra (Died)

5. Syeda Rehana

No.316, T.T.K. Road,

Chennai 018.

CRP No. 5527 of 2026

6. Gulan Ahmed Ilyas

No.316, T.T.K. Road,

Chennai 018.

7. Amtul Matheen Shahana

No.316, T.T.K. Road,

Chennai 018.

8. Rahimunnisa @ Farzana

No.316, T.T.K. Road,

Chennai 018.

9. Khathija Zeeshan

W/o. Syed Khaleel Ahmed,

No.148/316, T.T.K. Road,

Chennai 018.

10.Amthul Rahim Shadan

W/o. Mohammed Rahim Khan,

HIG Madhavadhara Vuda layout,

Phase 2 Extn Near East Park,

Visakhapatnam 530 018.

11.Gulam Ahmed Rabbani

S/o. Mohammed Vajihuddin Subhani,

No.148/316, T.T.K. Road,

Chennai 018.

12.Ayesha Afshan Subhani

W/o. Mohammed Anas Sulaiman,

No.3/176A, Krishna Nagar,

2nd Cross Street, Palavakkam,

Chennai 041.

( 9 to 12 petitioenrs are legal heirs

of M.V.Subhani)

13.J. Mohammed Ali

S/o. M.A. Jameel,

No.3/5, Mayor Sivaraj St,

Royapettah,

Chennai 014.

14.Hamid Mohammed Ali

CRP No. 5527 of 2026

S/o. J. Mohammed Ali,

No.3/5, Mayor Sivaraj St,

Royapettah,

Chennai 014.

15.Rukiah

W/o. Zubair Mohammed,

No.W-86, North Main Road,

Anna Nagar Western Ext.,

Chennai 101

16.Sumaiya

W/o. Shameem Ahmed,

No.90, Raheja Regancy C 702,

Santhome High Road,

R.A. Puram, Chennai 028.

(13 to 16 Petitioners are

Legal Heirs of Sayeeda Zahra)

..Petitioner(s)

Vs

Yousuf alias Babu

No.4, Ellis Road,

Mount Road,

Chennai 2.

..Respondent(s)

Civil Revision Petition filed under Section 115 of C.p.C. To set aside the Fair and Decretal order dated 15.07.2026 passed in EA No.1 of 2026

in EP Sr.No.4219 of 2016 in RCOP No.1825 of 1999 on the file of the XI

Small Causes Court, Chennai and allow the CRP.

For Petitioner(s):

Mr.T.S.Baskaran

For Respondent(s):

No appearance

CRP No. 5527 of 2026

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ORDER

Heard Mr.T.S.Baskaran, learned counsel for the revision petitioner.

2. The revision petitioner is the landlord who has been successful in obtaining an order of eviction in RCOP.No.125 of 1999. The said eviction order was challenged by the respondent in RCA.No.1422 of 2003 and the said appeal was dismissed on 10.04.2014. The matter attained finality.

3. The revision petitioner, however, had to go back to the appellate authority to correct certain clerical errors and an amended decree was issued only on 05.04.2017 and immediately thereafter, the papers were represented on 22.12.2017, which is well within the period of limitation. Considering that the amended judgment and decree came to be issued only on 05.04.2017, without noticing the same, the Executing Court has dismissed the execution petition on the ground of delay, that too, in representing the execution petition. The Executing Court ought to have seen that since the delay was primarily on the ground that there was clerical error that had to be corrected only by the Registry and therefore, such delay cannot be put against the landlord.

4. For the above reasons, I am inclined to set aside the order passed by the

CRP No. 5527 of 2026

Executing Court insofar as the respondent is concerned. It is strange the respondent/tenant, against whom, the petitioner/landlord wants to recover possession remains unserved and notice sent through Court as well as privately have returned with endorsement ‘left and vacated’. Therefore, it only shows that the tenant is not interest in defending his possession, even though he had suffered concurrent orders of eviction before the Rent Controller as well as the Rent Control Appellate Authority.

5. Even though the notice remains unserved on the respondent, for the foregoing reasons, I am inclined to dispense with further notice of hearing of the above revision to the respondent. The Civil Revision Petition is allowed. The Executing Court shall number the E.P. without putting any delay against the petitioner and dispose of the same on or before 31.01.2027 in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi

CRP No. 5527 of 2026

P.B.BALAJI, J. vsi CRP No. 5527 of 2026 29-09-2026

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