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Madras High CourtCRP/1997/2026dismissed

K.Srikanth v. V. Periannan

2026-04-07Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 8907 OF 2026 K.Srikanth S/o K.S.Kuppuraj, No 8/8c,Shanthi Apartments, 2nd Floor, Ramalinga Nagar, 2nd Cross, Chuuch Road, KK Pudur, Coimbatore 641038 ..Petitioner(s) Vs V. Periannan S/o Vairavan, Old No 1, New No 5, Bhaskarapuram, Mylapore, Chennai 600004 ..Respondent(s) PRAYER Civil Revision Petition filed under Sec.115 of C.P.C., praying to set aside the delivery order dated 9.3.2026 passed in EP.No. 63/2025 in RCOP.No. 186/2018 on the file of the learned I Additional District Munsif / Rent Controller, Coimbatore and consequently allow the above CRP. For Petitioner(s):

Mr.M.Samuel Raja

ORDER

Aggrieved over the execution proceedings initiated by the respondent/landlord in E.P.No. 63 of 2025 in RCOP No. 186 of 2018 on the file of I Additional District Munsif Court / Rent Controller, Coimbatore, the Revision Petitioner/tenant had preferred this Civil Revision Petition.

2. Since the relief is claimed challenging the order passed by the Rent Controller, notice to the respondent is dispensed with.

3. The learned counsel for revision petitioner/tenant would submit that he had preferred appeal against the eviction order passed in RCOP No.186 of 2018, but still there is a delay filing the appeal, as on date, the appeal was not taken on file, Therefore, he prayed to set aside the delivery order passed by E.P.Court.

4. Admittedly, as on date, no appeal is pending against the eviction order passed in RCOP.No.186 of 2018. Furthermore, the fact also reveals that the respondent/landlord is aged about more than 70 years and the eviction proceedings is pending from the year of 2018, nearly about 8 years, the respondent/landlord is not able to realise the fruits of the decree. Therefore, the delivery order passed by the Executing Court is sustainable one and it requires

no interference. Accordingly, this Civil Revision Petition is dismissed as no merit and the delivery order passed in E.P.No.63 of 2025 in RCOP No. 186 of 2018 by the I Additional District Munsif / Rent Controller is confirmed. No costs. Consequently, connected civil miscellaneous petition is closed. 07-04-2026 Index: Yes/No Speaking/Non-speaking order RPP To The I Additional District Munsif/Rent Controller, Coimbatore.

T.V.THAMILSELVI J.

RPP AND CMP NO. 8907 OF 2026 07-04-2026