Madras High Court
CRP/5595/2026 of Babu Vs B. Shabir Ahmed Sahib on 3 September 2026
CRP No. 5595 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5595 of 2026
AND
CMP NO. 24152 OF 2026
Babu, S/o. Late Kannappa Mudaliyar,
No.17, New Door No.6
Rottikara Street, Vellore City
..Petitioner(s)
Vs
1. B. Shabir Ahmed Sahib
Residing at No.121,
Long Bazaar, Vellore.
2. B Irshad Ahmed Sahib
Residing at No.121,
Long Bazaar, Vellore.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India seeking direction to the Principal Subordinate Judge, Vellore to dispose of RCA No.01/2026.
For Petitioner(s):
Mr. T.R.Rajaraman
CRP No. 5595 of 2026
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Order
This Civil Revision Petition has been filed seeking a direction to the Principal Subordinate Judge, Vellore to dispose of RCA No.01/2026.
2. Heard Mr.T.R.Rajaraman, learned counsel for the petitioner.
3. The petitioner is a tenant, facing Rent Control Eviction proceedings in RCOP before the Rent Controller. The contention of the petitioner is that the property is Wakf property and an interlocutory application was filed for rejection of the eviction petition, however, the same was dismissed, as against which, RCA 1 of 20216 has been filed.
4. The learned counsel for the petitioner states that the said RCA has not been taken up for final hearing, despite the fact that, it is only against an interlocutory order. He would further state that, notwithstanding the pendency of the appeal, the trial before the Rent Controller is being proceeded with, which caused serious prejudice and hardship to the petitioner.
5. In the light of the limited prayer sought for by the petitioner, I am inclined to dispense with the notice to the respondent/landlord.
CRP No. 5595 of 2026
6. Considering the fact that RCA 1 of 2026 is only against the interlocutory order, the learned appellate authority shall dispose of RCA 1 of 2026, within a period of four weeks from the date of receipt of copy of the order. It is needless to state that the Rent Controller shall not pass final orders in the RCOP, prior to the disposal of the pending RCA, since it might have a direct bearing on the final result in the eviction petition.
7. With the above direction, this civil revision petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 03-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Principal Subordinate Judge, Vellore District.
CRP No. 5595 of 2026
P.B.BALAJI J. MST CRP No. 5595 of 2026 03-09-2026