Madras High Court
CRP/4636/2026 of Selva Mobiles Vs R.Vasan on 14 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 4636 of 2026
and CMP.Nos. 22148 & 20366 of 2026
M/s.Selva Mobiles
rep.by Thangaraj
Door.No.181, North Usman Road,
T.Nagar, Chennai 600 017.
… Petitioner
Vs
R.Vasan … Respondent
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to set aside the delivery order dated 23.07.2026 passed in E.P.No.654 of 2026 on the file of the XIV Small Causes Court at Chennai.
For Petitioner(s):
Mr.R.Manickavel
For Respondent(s):
Mr.A.Kumana Raja
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ORDER
Heard Mr.R.Manickavel, learned counsel for the revision petitioner and Mr.A.Kumana Raja, learned counsel for the respondent.
2. The learned counsel for the petitioner states that the revision petitioner is the tenant, who has challenged the order of eviction passed by the Rent Court and the appeal is pending before the Rent Tribunal. He would however fairly state that no interim stay was granted by the Rent Appellate Tribunal and taking advantage of the same, the respondent has proceeded to file E.P.No.654 of 2026 before the Rent Court (XIV Small Causes Court at Chennai) and the Rent Court has also ordered delivery.
3. Per contra, Mr.A.Kumana Raja, learned counsel for the respondent would state that there is absolutely no bona-fides on the part of the petitioner/tenant and the Rent Court has ordered eviction after considering all the objections of the petitioner herein and admittedly even according to the tenant, there being no interim stay granted by the Rent Tribunal, there can be no infirmity alleged in the order of delivery passed by the Executing Court. He would therefore pray that the revision petition be dismissed.
4. I have considered the submissions made on either side.
5. Admittedly, today the petitioner/tenant has suffered an order of eviction before the Rent Court and a challenge is pending before the Rent Tribunal under Act 42 of 2017. Proceedings are to be disposed of expeditiously and even the Execution petition is required to be disposed of within a period of thirty days as mandated under Section 39 of the said Act. In such view of the matter, merely because no interim stay is granted in the Rent Tribunal, when the petitioner is ready to get along with the appeal, I see no serious prejudice being caused to the respondent/landlord by issuing directions to the Rent Tribunal to dispose of the RLTA.No.96 of 2026 pending on the file of the XVIII Additional City Civil Court, Chennai within a period of four weeks from the date of receipt of a copy of the order. Till such time, the Rent Court shall keep the Execution Petition pending at the very same stage and subject to the result of the said RLTA, it shall be open to the Executing Court to proceed with the Execution Petition in a manner known to law.
6. With the above directions and observations, the civil revision petition is disposed of. No costs. Consequently connected miscellaneous petitions are also closed. 14-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DPQ
P.B.BALAJI, J. DPQ To
1. The XIV Small Causes Court Chennai CRP No. 4636 of 2026 and CMP.Nos. 22148 & 20366 of 2026 Issue today 14-08-2026