J. Prabhakar v. P. Saravana Prasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.No.27773 of 2025 in CRP. No.1432 of 2025 J.Prabhakar ... Petitioner Vs.

P.Saravana Prasad ... Respondent PRAYER: To extend the time to vacate and hand over vacant possession of the petition premises till 30.04.2026, and thereby render justice. For Petitioner :Ms.R.Sripriya For Respondents : Mr.S.William

ORDER

Heard

2. This petition under Section 151 CPC seeks extension of time for the tenant to vacate the premises covered by C.R.P. No. 1432 of 2024. By order dated 1/4

09.04.2025, the revision was disposed of on the tenant's affidavit of undertaking to vacate by 31.10.2025; the matter was directed to be posted on 04.11.2025 for reporting compliance.

3. Consequent on that "reporting compliance" direction, the matter returned in early November and the present C.M.P. was moved. The petitioner relies on the landlord's letter dated 08.09.2025 granting time up to 30.04.2026, and has filed the affidavit along with the CMP dated 10.10.2025 undertaking to continue to pay Rs.16,500/- per month, maintain the premises, and clear dues till delivery. Today the petitioner has filed an affidavit dated 25.11.2025, reiterating his submissions.

4. In view of the 10.11.2025 mention in this C.M.P of C.R.P. No. 704 of 2025, counsel for the Orchard Manor Members' Association is present and opposes the prayer for extension complaining of the Association's allegations of threats to its members are left open. The 09.04.2025 of this court in this C.R.P. No. 1432 of 2024 does not advert to C.R.P. No. 704 of 2025. The Court therefore confines itself to the narrow relief sought here; the Association's allegations of threats to its members are left open.

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5. As to compliance of the Orders dated 09.04.2025, while the original undertaking fixed 31.10.2025 and the matter stood posted for 04.11.2025, the landlord has of his own accord granted time up to 30.04.2026. In these circumstances, although the landlord may otherwise pursue appropriate remedies for breach, his consent justifies extension to secure an orderly handover.

6. During hearing, learned counsel for the petitioner submitted that the alternative premises identified by him will be available only early next year and undertook to vacate on or before 28.02.2026. Recording the undertaking, time to vacate and hand over vacant possession is extended up to 28.02.2026. This CMP is accordingly disposed of. No costs.

25.11.2025 ay/dpq To 1.The IX Judge, Small Causes Court, Chennai.

2. The XI Judge, Small Causes Court, Chennai.

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DR. A.D. MARIA CLETE, J ay/dpq C.M.P.No.27773 of 2025 in CRP. No.1432 of 2025 25.11.2025 4/4