CRP/4825/2026 of S.Ravi Vs T.Vidya on 12 August 2026

ORDER

This revision petition has been filed to set aside the order passed in I.A.No.2 of 2026 in A.S.No.339 of 2025 on the file of VI Additional City Civil Court, (VI Additional Sessions (FAC) Court), Chennai.

2. I have heard Mr.Charles Kamalesh M.Appaji, learned counsel for the revision petitioner and Mr.A.C.Kumaragurubaran, learned counsel for the respondent.

3. The revision petitioner is aggrieved by the dismissal of his stay application by the First Appellate Court, as against the judgment and decree challenging delivery of possession and damages for use and occupation / arrears of rent.

4. The learned counsel for the revision petitioner taking me through the impugned order, would state that the First Appellate Court had found that an arrear of Rs.8,00,000/- was still due and payable by the petitioner and hence, there was no merit and desired to grant an interim stay was granted, without giving an opportunity to the petitioner to deposit the said arrears. He would also state that the petitioner is willing to deposit the sum of Rs.8,00,000/-, as found by the First Appellate Court in and by the impugned order.

5. Per contra, the learned counsel for the respondent contends that despite a compromise being reached before the Trial Court, in and by which the petitioner was willing to vacate and hand over vacant possession, even as early as in February 2024, and believing his representations, 50% of the rental advance of Rs.4,00,000/- amounting to Rs.2,00,000/- was refunded, in good faith. However, though the petitioner undertook to vacate the tenanted premises by 10.02.2024, across receipt of Rs.2,00,000/-, the petitioner did not come forward to vacate and subsequently, the suit came to be decreed. As against the said judgment and decree A.S.No.339 of 2025 has been filed and the same is admittedly pending before the VI Additional City Civil Court, Chennai. In the said appeal, I.A.No.2 of 2026 was filed by the petitioner/appellant for an interim stay. Admittedly, the petitioner is in possession and even according to the petitioner, there is arrears of rent for 40 months, which amounts to Rs.10,00,000/-. The advance paid at the inception of tenancy was Rs.4,00,000/-, out of which, Rs.2,00,000/- has already been refunded by the landlord on the hope that he would get back his property by February 2024.

6. In the light of the above, considering the fact that the petitioner is in possession and the appeal is at large, to be decided on merits, I am inclined to allow the Civil Revision Petition on the following terms:

(i) The order in I.A.No.2 of 2026 in A.S.No.339 of 2025 on the file of the IV Additional City Civil Court, Chennai, is set aside;

(ii) The petitioner shall pay a sum of Rs.10,00,000/- to the respondent within a period of six weeks from the date of receipt of a copy of this order;

(iii) The hearing of A.S.No.339 of 2025 shall be expedited and the appeal shall be disposed of within a period of three months thereafter. It is made clear that in the event of the petitioner not paid Rs.10,00,000/- directly to the respondent, it is open to the respondent to proceed with the execution petition and the stay shall stand vacated, without reference to the Court.

(iv) No costs. Connected Civil Miscellaneous Petition is closed. 12.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The VI Additional City Civil Court, (VI Additional Sessions (FAC) Court), Chennai.

P.B.BALAJI, J. ATA CRP No.4825 of 2026 12.08.2026