N.Shanmugam v. S.Ramamoorthy (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2026

CORAM

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN in W.A.No.SR 36250 of 2026 N.Shanmugam S/o.Nagamuthu No.3/141, Middle St, Akkaraipettai Nagapattinam 611106.

Applicant(s) Vs S.Ramamoorthy (Died) Lalitha W/o.C.Ramamoorthy No.5, Perumal East Madavilagam Nagapattinam Nagapattinam District 611 001 and 7 others Respondent(s) For Applicant(s):

Mr. R.Srinivas Senior Counsel For Ms. V.Mythili

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard on the application seeking leave to file writ appeal.

2. Learned counsel for applicant submits that order of eviction in M.P.No.281 of 2021, which was initiated pursuant to the petition of applicant, is still pending and private respondents have filed Revision Petition No.470 of 2025 against the said eviction order. According to learned counsel for applicant, the direction to private respondents issued by the learned Single Judge, in the impugned order, to pay the arrears of rent and also continue to pay the rent before every succeeding month or before 8th day of the succeeding calendar month, would amount to legalising the encroachment and therefore, seeks leave to file an appeal.

3. Considering the submissions made, this application is allowed.

4. Registry is directed to number the appeal and tag along with W.P.No.26643 of 2024.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 23.03.2026 kpl