P.Gajendran v. N. Bharathi Dhamodaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.5575 of 2025 and CMP No.27976 of 2025 P.Gajendran ... Petitioner Vs.

1. N.Bharathi Dhamodaram 2.M.Divakar 3.Kalpana Hemanth ... Respondents Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code against the order passed in EP No.55 of 2023 in RCOP No.3 of 2016 on the file of Principal District Munsif, Alandur. For Petitioner : Mr.P.T.Geotom For Respondents : Mr.B.Janakiram

ORDER

Heard the learned counsel for the petitioner. 1/4

2. Learned counsel for the respondents/landlords brings to my notice that even before the stay was granted by this Court on 10.11.2025, on 04.11.2025, the warrant of delivery was executed by Court Bailiff and possession has been taken from the petitioner/tenant. Learned counsel for the respondents also filed typed set of papers which contains the endorsement made by the petitioner/tenant himself stating that he has taken back his belongings.

3. Learned counsel for the petitioner/tenant would state that Rent Control Appeal has been filed against the order of eviction and the same is coming up for hearing on 06.02.2026. He therefore states that subject to the final decision in the Rent Control Appeal, the rights of the petitioner may be reserved.

4. In view of the fact that possession has been taken through Court in E.P.No.55 of 2023 on the file of Principal District Munsif Combined Court, Alandur, I do not see any purpose in keeping the revision pending on file. It is made clear that in the event of succeeding the petitioner in the Rent Control Appeal, he would certainly be entitled to seek restitution. 2/4

5. With the above observation, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05.02.2026 sr Speaking Order/Non-speaking Order Index : Yes/No Website:yes/no To The Principal District Munsif, Alandur 3/4

P.B.BALAJI.,J sr 05.02.2026 4/4