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Madras High CourtCMP/5722/2026dismissed

Shanthi, v. The South Arcot Diocesan Church,

2026-03-09Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MRS.JUSTICE N. MALA in CRP.No.4241 of 2024 Shanthi, W/o.Baskar, Now Residing at No.63/26, F-2 Nerkundram Road, Chinmaya nagar Phase III Extension, Chernnai-600 092 ..Appellant Vs The South Arcot Diocesan Church, Rep by its Secretary, Fr.L.A.Arulpushpam, St.Agnes Seminary, No.4, Beach Road, Cuddalore-1 ..Respondent Prayer:-To extend the time for a period of 8 months to vacate and handover the possession of the property which is the subject matter of E.P.No.4086 of 2014 on the file of X-Assistant City Civil Court, at Chennai, by extending the Order dated 09.01.2026 .

For Appellant :

Mr.R.Thiagarajan for Mr.R.Muthukumar For Respondent :

Mr.M.Edward Stanley *****

ORDER

The present Civil Miscellaneous Petition has been filed for extension of time granted by this Court in CRP.No.4241 of 2024 and CMP.No.23609 of 2024 dated 09.01.2026.

2. In the order dated 09.01.2026, this Court after elaborately discussing the merits of the case, dismissed the Civil Revision Petition and directed the petitioner to vacate and handover vacant possession of the property on or before 28.02.2026.

3. The petitioner has now filed this petition for extension of time by eight months for handing over vacant possession of the property. The petitioner in the affidavit filed in support of the petition has stated that she and her family were running their business in the demised property, which is subject matter of the Execution Petition in EP.No.4086 of 2014 and that the said business was the only means of her and her mother's livelihood. The petitioner further stated that since the petitioner was in possession of the demised premises for a long time, she needed further time to find suitable alternative accommodation to carry on her business. The petitioner therefore prayed for extension of time by eight months, for identifying alternative accommodation for continuing her business.

4. The petitioner in the affidavit has not stated about the steps taken by her to comply with the order passed by this Court in CRP.No.4241 of 2024 and CMP.No.23609 of 2024. The petition is completely bereft of any averments regarding the steps taken by the petitioner to obey the orders of this Court for vacating the premises within the stipulated time. Moreover, the petitioner could very well have sought more time even when the order was passed in the Civil Revision Petition. Having accepted the order, the petitioner cannot be heard to state that the time granted by this Court was insufficient, more so, when no justifiable reasons are cited to extend the time. This Court is therefore, not inclined to extend the time. This Court finds absolutely no merits or bonafides in the petition seeking extension of time. In the view of this Court, the petition is filed vexatiously only with a view to prolong the proceedings.

5. For aforesaid reasons, this Civil Miscellaneous Petition stands dismissed. No costs.

09-03-2026 DSA

To 1.The X Assistant Judge, City Civil Court, Chennai.

2.The Secretary Fr.L.A.Arulpushpam, South Arcot Diocesan Church, St.Agnes Seminary, No.4, Beach Road, Cuddalore-1.

N.MALA, J.

DSA in CRP.No.4241 of 2024 09-03-2026