Fazil.A.S. v. M.Ashok Chand
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-06-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR IN CRP NO. 1384 OF 2025 Fazil.A.S.
S/o Ahmed Sheriff, Garden Bakery, 32, Garden Road, Udhagamandalam & 4 others Appellant(s) Vs M.Ashok Chand S/o. Late. S. Mothilal, D.No.129, Main Bazar, Udagamandalam, The Nilgiris & 36 others Respondent(s) For Appellant(s):
Mr.K.C.Karl Marx For Respondent:
Mr.Vishnu Manoharan for Mr.Vishnu Mohan for R1 Mr.P.Prithvi Chopda for R25 and R26
ORDER
This petition has been filed by the tenants seeking extension of time by four months to vacate the shop under their occupation, as per the order of this Court in C.R.P.No.1384 of 2025, dated 29.04.2025. 2.The above Civil Revision Petition filed by the tenants as against the order of eviction passed by the Rent Controller, Udhagamandalam, in E.A.No.4 of 2024 in E.P.No.43 of 2014, was disposed of by this Court by order dated 29.04.2025, directing the petitioners/tenants to surrender/hand over the vacant possession of the shop under their occupation, to the landlords, on or before 31.05.2025, as per their undertaking before this Court. It is pertinent to note that, though the petitioners sought time till 31.12.2025, this Court granted time only till 31.05.2025 to vacate the premises.
3.However, now, once again, the petitioners have taken out the present petition to extend the time till 30.09.2025 to vacate the premises. It is the contention of the petitioners that they could not find an alternative place to
transfer and relocate their shop, since the shop is located at a busy tourist spot at Ooty.
4.This Court is of the view that, once a party files an affidavit of undertaking before this Court, he/she has to honour the undertaking without any violation. As a matter of right, the party cannot seek extension of time. Hence, this Court is not inclined to show any indulgence to the petitioners. 5.Accordingly, this Civil Miscellaneous Petition is dismissed. The petitioners/tenants are directed to vacate and hand over vacant possession of the shop occupied by them, to the landlords, on or before 30.06.2025, failing which, the Execution Court shall immediately issue warrant as against the tenants. In the event of petitioners still not vacating the premises, it is made clear that they will be proceeded for contempt of Court.
13-06-2025 mkn Index:Yes/No Speaking/Non-speaking order Internet:Yes
Note : Issue order copy on 19.06.2025.
To 1.The Rent Controller, Udhagamandalam, The Nilgiris District.
2.M.Ashok Chand S/o. Late. S. Mothilal, D.No.129, Main Bazar, Udagamandalam, The Nilgiris.
3.M. Dharam Chand S/o. Late. S. Mothilal, D.No.129, Main Bazar, Udagamandalam, The Nilgiris.
4.M. Jai Chand S/o. Late. S. Mothilal, D.No.129, Main Bazar, Udagamandalam, The Nilgiris.
5.M. Vijai Chand S/o. Late. S. Mothilal, D.No.129, Main Bazar, Udagamandalam, The Nilgiris.
S.Mothilal (Since Deceased), B.F.Leelabai(Since Deceased) 6.M Pushpalatha D/o. Late Mothilal, Residing at Main Bazar, Ooctacamund, K.Bujanga Rao(Deceased) 7.Sumathi B. Rao W/o. late. K. Bujanga Rao Expresso Coffee House, Garden Road, Udhagamandalam
8.NARAYANDASS No.139 A and C Garden Road, Udhagamandalam.
9.GANESHAN No.139 A and C, Garden Road, Udhagamandalam.
10.A.K. Chinnaiah Father Name Not Known, No.139 A and C, Garden Road, Udhagamandalam.
11.A.S.Anwar residing at Garden Bakery, Garden Road, Udhagamandalam.
12.A.S.Abdul Gani, S/o. Ahemd Sheriff,residing at Garden Bakery, Garden Road, Udhagamandalam.Rahima Bi (Since Deceased) Ragavendra Rao (Since Deceased) 13.R. Kumar, Son of Ranjith, Renjith Refineries, Garden Road, Udhagamandalam.
14.Arun Singh, Renjith Refineries, Garden Road, Udhagamandalam, 15.Sri Balaji, Mini Super Market, Garden Road,Udhagamandalam,
16.P.Samuel, son of Pakiyanathan, Balaji Medicals and Trading Agencies, Garden Road, Udhagamandalam.M.A.Jayaraj (Since Deceased) 17.Messrs Heeramul Garden Road, Udhagamandalam, 18.Dr. Ravi Thilagaraj son of Thilagaraj, Bharathi Clinic, Garden Road, Udhagamandalam, 19.Mani Achari, D.No.139 A and C Garden Road, Udhagamandalam, 20.Bhojan, Fine Chicken Centre, Garden Road, Udhagamandlam, 21.Radhakrishnan son of Bujanga Rao, Express Coffee House, Udhagamandalam, 22.Jayalakshmi Daughter of Bhujaranga Rao, Expresso Coffee House, Udhagamandalam, 23.Bhargavi wife of Ragavendra Rao and Raghu Residing at Expresso Coffee House, Garden Road, udhagamandalam 24.Sri Ram son of Ragavendra Rao and Raghu
Residing at Expresso Coffee House, Garden Road, udhagamandalam 25.Sri Krishna son of Ragavendra Rao residing at Expresso Coffee House, Garden Road, Udhagamandalam.
26.S Kanthilal S/o. K.S.Santhilal , Residing at 128, Main Bazaar, Udhagamandalam.
27.S Lalithkumar S/o.K.S.Santhilal Residing at 128, Main Bazaar, Udhagamandalam.
28.S Mahaveerchand S/o. K.S.Santhilal Residing at 128, Main Bazaar, Udhagamandalam.
29.Balchand S/o. K.S.Santhilal Residing at 128, Main Bazaar, Udhagamandalam. Asi Bai (Since Deceased) 30.Kamma Bai D/o. Late Simrathmull, Residing at 128, Main Bazaar, Udhagamandalam.
31.Magha Bai D/o. Late Simrathmull, Residing at 128, Main Bazaar, Udhagamandalam.
32.Kamala Bai D/o. Late Simrathmull, D/o. Late Simrathmull, Residing at 128, Main
Bazaar, Udhagamandalam.
33.S Shanthilal S/o. Late Simrathmull, Residing at 128, Main Bazaar, Udhagamandalam.
34.Bhagyashree Jayaraj W/o.Late M.A.Jayaraj, Residing at D.No.211,Kailasam Pillai Line, Lakshmi Narayan Puram, Bandisolai, Ootacamund Taluk, The Nilgiris District 35.J Mohan Son of Late M.A.Jayaraj, Residing at D.No.211,Kailasam Pillai Line, Lakshmi Narayan Puram, Bandisolai, Ootacamund Taluk, The Nilgiris District 36.J Mini D/o. Late M.A.Jayaraj, Residing at D.No.211,Kailasam Pillai Line, Lakshmi Narayan Puram, Bandisolai, Ootacamund Taluk, The Nilgiris District 37.J Sheele D/o. Late M.A.Jayaraj,Residing at D.No.211,Kailasam Pillai Line, Lakshmi Narayan Puram, Bandisolai, Ootacamund Taluk, The Nilgiris District 38.J Sumi Daughter of Late M.A.Jayaraj, Residing
at D.No.211,Kailasam Pillai Line, Lakshmi Narayan Puram, Bandisolai, Ootacamund Taluk, The Nilgiris District
N.SATHISH KUMAR J.
mkn IN CRP NO. 1384 OF 13-06-2025