P.Kalaivani v. D.Paramasivam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI C.M.P.No.24444 of 2025

1. P.Kalaivani

2. S.Purushothaman ... Petitioners Vs.

1.D.Paramasivam

2. M/s.Sangeetha Mobiles, Old.No.70, New No.70/3, Ground Floor, Purasawalkam High Road, Chennai - 600 007.

... Respondents C.M.P.No.24446 of 2025

1. S.Purushothaman

2. P.Kalaivani ... Petitioners Vs.

1.D.Paramasivam

2. Varun Kumar ... Respondents 1/5

Common Prayer:- Civil Miscellaneous Petitions filed under Section 148 of Civil Procedure Code, 1908, to grant extension of time to hand over the vacant possession of petition premises on or before 31st January 2025. For Petitioners : Mr.R.Chithra Devi in both CMPs For Respondents : Mrs.R.Latha (for R1) in both CMPs C O M M O N O R D E R These Civil Miscellaneous Petitions have been filed seeking extension of time to vacate and hand over the vacant possession of the tenanted premises on or before 31.01.2026 (wrongly typed as 31.01.2025 in the affidavits as well as in the petitions).

2. The learned counsel for the first respondent has serious objections for the extension of time on the ground that the petitioners are in huge arrears of rent and that the eviction was sought for own use and occupation as early as in the year 2012.

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3. This Court had granted time to the petitioners to vacate by end of September 2025. The petitioners have also filed an affidavit of undertaking that they would vacate and hand over vacant possession of the tenanted premises by 30.09.2025. However, now the petitioners have come with the present miscellaneous petitions seeking further extension of time upto 31.01.2026 stating that they are unable to shift the shop to another location within the time granted by this Court.

4. The said reason is not an acceptable excuse for extension of time. However, considering that the first respondent/landlord is willing to grant time till end of December 2025, I am inclined to extend the time till 31.12.2025, to enable the petitioners to vacate and hand over the vacant possession. It is made clear that there should be no further request on the side of the petitioners for any extension. As already directed by this Court, execution proceeding shall be kept pending to record delivery on before 31.12.2025.

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5. In the result, these Miscellaneous Petitions are partly allowed as indicated above.

08.10.2025 kv To

1. The VIII Court of Small Causes Chennai.

2. The X Court of Small Causes, Chennai.

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P.B.BALAJI, J.

kv 08.10.2025 5/5