Madras High CourtCRP(MD)/3498/2025disposed of

Jeganselvakumar v. Subramanian (Died) Shanmugaparvathi

2025-11-28Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)Nos.18813 and 18814 of 2025 Jeganselvakumar ... Petitioner in CRP(MD)No.3498 of 2025 Jeganselvakumar ... Petitioner in CRP(MD)No.3499 of 2025 Vs Subramanian (Died) Shanmugaparvathi ... Respondent (in both cases) PRAYER in CRP(MD)No.3498 of 2025 :- Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the fair and decretal order in E.A.No.07 of 2025 in E.P.No.09 of 2025 in R.L.T.O.P.No.17 of 2020 dated 06-11-2025 on the file of Principal District Munsif Court, Tirunelveli District. PRAYER in CRP(MD)No.3498 of 2025 : - Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the fair and decretal order in E.A.No.08 of 2025 in E.P.No.08 of 2025 in R.L.T.O.P.No.19 of 2020 dated 06-11-2025 on the file of Principal District Munsif Court, Tirunelveli District. 1/4

For Petitioner : Mr. S.Ramsundarvijayraj, Advocate.

For Respondent : Mr.L.Siva (in both cases)

ORDER

These Civil Revision Petitions are filed to set aside the fair and decretal orders in E.A.No.07 of 2025 in E.P.No.09 of 2025 in R.L.T.O.P.No.17 of 2020 and E.A.No.08 of 2025 in E.P.No.08 of 2025 in R.L.T.O.P.No.19 of 2020 dated 06-11-2025 on the file of Principal District Munsif Court, Tirunelveli District.

2. The petitioners who are the tenants has filed an undertaking indicating that he would vacate the property on or before 1st June, 2026 and also pay the rent. But however, learned counsel appearing for the respondent had insisted upon this Court to also make a condition to pay the arrears of rent as decreed by the Court in O.S.Nos.356 and 358 of 2024.

3. However, it is the case of the learned counsel for the petitioner that the same is an ex parte order and he had also taken out applications in I.A.No.3 of 2025 to set aside the ex parte and the same is pending consideration before the Court below.

2/4

4. Learned counsel for the respondent on the other hand would submit that no notice has been served upon him.

5. In view of the above submission, the petitioner is directed to vacate the property on or before 1st June, 2026 and also pay the rent and continues to pay the rent every month on or before the 5th day of such succeeding months. On the said condition the proceedings in E.P.Nos.8 and 9 of 2025 in R.L.T.O.P.Nos.17 and 19 of 2020 dated 06-11-2025 on the file of Principal District Munsif Court, Tirunelveli District, shall be kept in abeyance.

6. With the above direction, these Civil Revision Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions stands closed.

28.11.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn 3/4

K.KUMARESH BABU, J pnn To

1. The Principal District Munsif Court, Tirunelveli District.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN and CMP(MD)Nos.18813 and 18814 of 2025 Date : 28/11/2025 4/4