C.Vijayakumar v. Tharaka Impex India Limited

ORDER The Decree Holder is the revision petitioner, seeking expeditious disposal of E.P.No.2 of 2026, filed for recovery of possession and for various other reliefs in terms of the decree passed by the Rent Court in RLTOP No.4 of 2025. According to the learned counsel for the petitioner, no appeal has been filed before the Rent Tribunal, challenging the order passed by the Rent Court. However, an application to set aside the exparte order has been filed in RLTOP No.4 of 2025 and the same is pending.

¶2Considering that there is no stay granted by any higher Court or even by the Court trying the application to set aside the exparte order, the executing Court has proceeded to entertain the application for execution under Section 39 of TNRRRLT Act, 2017. However, the respondents have filed an application under Order XXXI Rule 26 of Civil Procedure Code seeking stay and also to condone the delay of 202 days in RLTOP No.4 of 2025.

¶3Section 39 of TNRRRLT Act mandates the Executing Court to dispose of Execution Petitions within a period of thirty days. Mere pendency of setting aside application does not impede the Executing Court from proceeding with the execution proceedings.

¶4In view of the statutory mandate under the new enactment, the objects of which are speedy disposal of eviction dispute between landlord and tenant, I am inclined to direct the Additional District Munsif, Poonamallee to dispose of EP No.2 of 2026 along with all pending applications within a period of four weeks from the date of receipt of a copy of this order.

¶5Notice to the respondents is dispensed with, since this order does not cause any prejudice to any of the respondents.

¶6With the above direction, the civil revision petition is allowed. No costs.

22.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order P.B.BALAJI.,J sr To The Additional District Munsif Court, Poonamallee

22.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI 1. C.Vijayakumar Plot No.10 and 11, Flat No.A5, Mathi Apartments, Reddypalayam Road, Jeswanth Nagar, Mogappair West, Chennai 600 037. and 2 Others 2. V.Hemamalini Plot No.10 and 11, Flat No.A5, Mathi Apartments, Redypalayam Road, Jeswanth Nagar, Mogappair West, Chennai 600 037. 3. C.Yashwant Kumar Plot No.10 and 11, Flat No.A5, Mathi Apartments, Redypalayam Road, Jeswanth Nagar, Mogappair West, Chennai 600 037. Petitioner(s) Vs 1. Tharaka Impex India Limited Rep by 1. Palani, The Executive Director, S/o.Ranganathan, Plot No.293, Radha Krisna Apartments, Flat No.S-2, Thiruvalluvar Salai, Kamaraj Salai, alwarthirunagar, Chennai 600 087. 2.Guanavel Kumarasamy The managing Director, S/o. Kumarasamy, No.509 P-2, Red Rose Plaza, No.50D.B. Road, R.S.Puram, Coimbatore 641 002 Respondent(s) Revision filed under Article 227 of Constitution of India to direct the Additional District Munsif, Poonamallee, Tiruvallur District to dispose of EP No.2 of 2026 arising out of RLTOP No.4 of 2025 pending on its file, within a time frame to be fixed by this Court. For Petitioner(s): M/s. P.Tamilagan