Madras High Court
CRP/6150/2026 of Devendra Kumar Bhandri Vs I. Susai on 25 September 2026
CRP No. 6150 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 6150 of 2026
& CMP.No.26608 of 2026
CNR: {HCMA012250622026}
Devendra Kumar Bhandri
..Petitioner(s)
Vs
I. Susai
..Respondent(s)
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of the learned XII Judge Small Causes Court dated 10.09.2026 made in EA No.2 of 2026 in EP No.1246 of 2025.
For Petitioner(s):
Mr.Samir Shah
for M/s.Shah and Shah
For Respondent(s):
Mr.N.A. Nassir Hussain
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ORDER
This revision petition has been filed to set aside the order dated 10.09.2026 in EA No.2 of 2026 in EP No.1246 of 2025 on the file of the learned XII Judge Small Causes Court, Chennai.
2. I have heard Mr.Samir Shah, for M/s.Shah and Shah, learned counsel for the petitioner and Mr.N.A.Nassir Hussain, learned counsel for the respondent.
CRP No. 6150 of 2026
3. The revision petitioner is a tenant, who has suffered an order of eviction in RLTOP.No.250 of 2024. Eviction was sought for by the respondent on the ground that there has been a failure to enter into a tenancy agreement invoking Section 21(2)(a) of the TNRRRLT Act, 2017. The Court found favour with the contention of the respondent and held that there has been a failure to enter into a tenancy agreement and the petitioner was directed to hand over possession to the respondent. Aggrieved by the order of eviction, the petitioner has admittedly filed RLTA.No.100 of 2026, along with an application for stay.
4. According to the learned counsel for the petitioner, the stay application has not been disposed of and taking advantage of the same, the respondent has proceeded to file E.P.No.1246 of 2025 and the Executing Court also ordered delivery on 10.04.2026. The petitioner moved an application to set aside the ex- parte order in E.A.No.2 of 2026, which was dismissed on 10.09.2026 and delivery has now been ordered returnable by 25.09.2026. The applications filed by the respondent seeking police aid and break open have also been allowed. The learned counsel for the petitioner seeks for short interim protection to enable the petitioner to obtain interim stay in the pending appeal before the Rent Tribunal.
CRP No. 6150 of 2026
5. The learned counsel for the respondent opposes the application on the ground that the petitioner is in huge arrears of rent and admittedly, the petitioner has not been able to obtain stay of the order of eviction passed by the Rent Court.
6. Considering the fact that the appeal is now posted to 05.10.2026 for arguments, I am inclined to direct the Rent Tribunal, namely XXII Additional City Civil Court, Chennai, to take up the hearing of the appeal, without granting any adjournment on 05.10.2026 and dispose of the appeal within a period of three weeks thereafter. Subject to result of the appeal, the respondent shall be entitled to proceed with the execution petition from the present stage. Until then execution petition shall be kept in abeyance.
7. With the above direction, the Civil Revision Petition is disposed of. No costs. Connected Civil Miscellaneous Petition is closed. 25-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
CRP No. 6150 of 2026
P.B.BALAJI, J. ATA To The XII Judge, Small Causes Court, Chennai. CRP No. 6150 of 2026 25-09-2026