Madras High Court
CRP/5822/2026 of Tharaka Implex India Ltd Vs C.Vijayakumar on 11 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5822 of 2026 and
CMP No.25192 of 2026
1. Tharaka Implex India Ltd
Rep by Palani, the Executive Director
S/o. Ranganathan
Plot No. 293, Radha Krsna Apartment
Flat No. S-2, Thiruvallur Street
Kamaraj Salai, Alwarthirunagar
Chennai 087.
2. Gnanavel Kumarasamy
The Managing Director
S/o. Kumarasamy
No. 509, P2, Redrose Plaza
No.50, D.B.Road, R.S.Puram
Coimbatore 641 002
..Petitioner(s)
Vs
1. C.Vijayakumar
2. Hemamalini
3. C.Yashwant Kumar
R1 to R3 are residing at
Plot No. 10 and 11, Flat No. A-5
Mathi Apartments, Reddypalayam Road
Jeswanth Nagar, Mogappair West
Chennai 037
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India seeking direction to the Principal District Munsif cum Rent Court at Poonamallee to expedite the condone delay petition in MP.No.3 of 2026 in filing a petition to set aside the ex-parte fair and decreetal order dated 09.09.2025 passed in R.L.T.O.P No. 4 of 2025, within a period, as fixed by this Court.
For Petitioner(s):
Mr. L.Gavaskar
For Respondent(s):
Mr.P.Tamilalagan
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ORDER
This Civil Revision Petition has been filed seeking direction to the Principal District Munsif cum Rent Court at Poonamallee to expedite the enquiry in the condone delay petition M.P.No.3 of 2026 in R.L.T.O.P No. 4 of 2025 and to dispose of the same, within a time frame, as fixed by this court.
2. Heard Mr.L.Gavaskar, learned counsel for the revision petitioner and Mr.P.Tamilalagan, learned counsel, who takes notice for the respondent/ landlord.
3. The revision petitioner is a tenant, who suffered exparte order of recovery of possession in RLTOP No.4 of 2025. Pursuant to the eviction order, in favour of the respondent/landlord, the respondent has filed an execution petition in E.P.No.2 of 2026 before the Additional District Munsif, Poonamallee for taking delivery of the tenanted premises and it is admitted that delivery has also been ordered.
4. At the instance of the respondent/landlord in CRP No.4151 of 2026, I had directed the executing court to dispose of the execution petition, within a period of four weeks, noticing that the petitioner/tenant has not chosen to even appear and file counter in the execution petition, despite service of notice.
5. Today, however, the learned counsel for the petitioner brings to my notice that even in April 2026 an application has been filed in MP No.4 of 2026 for setting aside the exparte order of eviction passed in RLTOP No.4 of 2025 and the same is pending before Principal District Munsif Court, (Rent Court), Poonamallee. However, the Additional District Munsif, Poonamallee is executing the order of eviction passed in RLTOP No.4 of 2025 in E.P.No.2 of 2026.
6. Per se I cannot not find any fault with the order of delivery being passed by the learned Additional District Munsif Court, Poonamallee, since there is no order of stay and the order for recovery of possession has not been set aside, at the instance of the revision petitioner or stayed by any higher court. However, it is now admitted that M.P.No.3 of 2026 for condonation of delay and M.P.No.4 of 2026 for setting aside the exparte decree passed in RLTOP
No.4 of 2025 are pending and counter is yet to be filed in these applications.
7. In the light of the above, I am inclined to dispose of the revision petition with the following directions.
i) The Principal District Munsif cum Rent Court, Poonamallee shall take up enquiry in M.P.No.3 of 2026, within a period of two weeks from the date of receipt of copy of the order.
ii) The respondent/landlord shall file counter affidavit in M.P.No.3 & 4 of 2026, within one week from the date of taking up the mater for enquiry.
iii) The Rent Court shall decide the M.P.No.3 of 2026, which is the condone delay petition, after conducting enquiry and shall pass orders, within a period two weeks from the date of counter affidavit being filed in M.P Nos.3 and 4 of 2026
iv) In the event of the condone delay petition in M.P.No.3 of 2026 being dismissed, it shall be open to the respondent/ landlord to proceed with the execution petition from the present stage and until then, the execution proceedings shall be kept in abeyance.
v) In the event of condone delay petition in M.P.No.3 of 2026 being allowed, M.P.No.4 of 2026 shall be decided, within a period two weeks thereafter and till such time also, the execution petition shall be kept in abeyance and subject to result of the said application, it shall be open to the respondent/decree holder to proceed with the execution petition in the manner known to law.
8. The learned counsel for the respondent brings to my notice that the petitioner is in huge arrears of rent from June 2024 onwards. It is open to the respondent to take all his contentions in the counter affidavit to be filed in M.P.No.3 and 4 of 2026. There shall be no order as to costs. Connected miscellaneous petition is closed. 11-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Principal District Munsif cum Rent Court, Poonamallee.
P.B.BALAJI, J. MST CRP No. 5822 of 2026 11-09-2026