Madras High Court
CRP/5944/2026 of M.R. Elamparithi Vs K.U.Hasmath Sheriff on 2 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 5944 of 2026 and
CMP No.25743 of 2026
CNR: {HCMA012211772026}
M.R. Elamparithi, S/o.Rajarathinam
Rep by Power Agent Premnath Ganesan
3rd floor, East Coast Centre
No.534, Anna Salai, Teynampat,
Chennai 600 018.
Rep by Power Agent Premnath Ganesan
S/o. Ganesan Veerasamy,
Office at No.2/119-A, Salem Main Road,
Moolasamudram Thakka, Ulundurpettai Taluk, Villupuram 606 107
..Petitioner(s)
Vs
K.U.Hasmath Sheriff
s/o.Janab K.Usman Sheriff
Res at No.F83/F-19, Anna Nagar,
Chennai 600 102
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the online order dated 31.08.2026 passed in E.P.No.829 of 2026 in RLTOP.No.658 of 2025 on the file of the X court of Small Causes, Chennai.
For Petitioner(s):
Mr. K.Manikandan
for Mr. K.Prabhakaran
For Respondent(s):
Mr.A.Abdul Ravoof
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Civil Revision Petition has been filed challenging the order passed by the Executing Court, ordering delivery of the subject property. It is not in dispute that the respondent herein filed a petition for repossession under Section 21(2)(a) of the Tamil Nadu Regulations and Rights and Responsibilities of Landlords and Tenants Act in RLTOP No.658 of 2025 on the file of X Judge, Court of Small Causes, Chennai. The said application was allowed and repossession was ordered in favour of the respondent. Challenging the above said order, the petitioner herein filed an appeal in RLTA Sr No.7219 of 2026 along with a condone delay petition in I.A.No.1 of 2026 seeking to condone the delay in filing the appeal. In the said condone delay petition, the respondent herein entered appearance through his counsel as early as on 10.08.2026, however, he has not filed counter till date.
3. It is seen from the “A”- Diary Extract produced before this court that the condone delay petition in I.A.No.1 of 2026, which came up for hearing on 10.08.2026 was adjourned to 08.09.2026, at request of the counsel for the respondent for filing counter. On 08.09.2026, at request of the counsel for the respondent, again it was adjourned to 24.09.2026 for filing counter. While adjourning the matter to 24.09.2026, the court recorded that no further adjournment will be granted. Again on 24.09.2026, at request of the counsel for respondent, the matter was adjourned to 16.10.2026 with a stipulation “ No further Adjournment”. When the matter was listed on 16.10.2026, once again it was adjourned to 13.11.2026 for filing counter with a stipulation “ No further adjournment”.
4. Therefore, it is clear that the respondent has been getting adjournments before the Appellate Tribunal for filing counter in the condone delay petition and in the meantime, he proceeded with the execution petition. Taking into consideration that the respondent has been taking time continuously in the condone delay petition, the respondent is directed to file counter in I.A.No.1 of 2026 on the next hearing date, viz., 13.11.2026 before the Appellate Tribunal. The appellate Tribunal, namely, the I Additional Judge, City Civil Court, Chennai is directed to dispose of the condone delay petition in I.A.No.1 of 2026 in RLTA Sr No.7219 of 2026 on or before 20.11.2026. The impugned order of delivery passed by the Executing Court in E.P.No.829 of 2026 in RLTOP No.658 of 2025 on the file of X Judge, Court of Small Causes is kept in abeyance till 30.11.2026 to enable the petitioner to work out his remedy before the Appellate Tribunal by moving stay application, in case condone delay petition is decided in his favour.
5. With the above direction, this civil revision petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To
1. The I Additional Judge, City Civil Court, Chennai.
2. The X Judge, Court of Small Causes, Chennai.
S.SOUNTHAR, J. MST CRP No. 5944 of 2026 02-11-2026