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CDJ 2026 MHC 4375 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : C.R.P. No. 3437 of 2026 & C.M.P. No. 14929 of 2026
Judges: THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Parties : A.A. Mohammed Anwar Versus R. Manoharan
Appearing Advocates : For the Petitioner: A. Mohamed Ismail, Advocate. For the Respondent: R. Prabakar, Advocate.
Date of Judgment : 18-06-2026
Head Note :-
Constitution of India - Article 227 -
Judgment :-

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the impugned order passed by the Hon'ble Principal District Munsif Cum Rent Court, Coimbatore dated 10.06.2026 passed in E.P. No.34 of 2025 in R.L.T.O.P.No.7 of 2022 and allow the Civil Revision Petition.)

1. This Civil Revision Petition has been filed seeking to set aside the impugned order dated 10.06.2026 made in E.P.No.34 of 2025 in R.L.T.O.P.No.7 of 2022 by the Principal District Munsif Cum Rent Court, Coimbatore.

2. When the matter was taken up for hearing, learned counsel appearing for the revision petitioner submits that the revision petitioner has preferred an appeal before the Rent Tribunal cum District Court, Coimbatore in R.T.A.No.2 of 2025, wherein the revision petitioner obtained an order of interim stay and the same has not been extended.

3. Learned counsel appearing for the respondent submits that the respondent has initiated execution proceedings in E.P.No.34 of 2025 before the Rent Court. He further submits that the Execution Petition filed by the respondent was allowed and the Execution Court ordered delivery.

4. Aggrieved by the order passed by the Execution Court, the revision petitioner has preferred this present Civil Revision Petition.

5. Learned counsel for the respondent submits that the revision petitioner is in possession of the property, which is a vast area and has not paid the rent as on date which cumulated more than lakhs as rent arrears. He claims that the rent has been revised in the year 2021. Though the notice was served on the revision petitioner, he did not reply to the notice. The last rent was paid by the revision petitioner is Rs.15,000/-. In view of the cost of living, amenities and location of the property, he raises objection and contends that the respondent is aged 70 years old and though the respondent obtained a decree in R.L.T.O.P.No.7 of 2022 in favour of him, he could not execute the same.

6. As on date, R.T.A.No.2 of 2025 is pending before the I Additional District Judge, Coimbatore. The respondent filed an Execution Petition in E.P.No.34 of 2025 and the same was allowed by the Rent Court and ordered delivery.

7. Considering the facts and circumstances of the case, the submission made by the learned counsel on either side and considering the fact that the respondent is aged 70 years, this Court is inclined to stay the order dated 10.06.2026 passed in E.P.No.34 of 2025 in R.L.T.O.P.No.7 of 2022 on condition that the revision petitioner shall pay a sum of Rs.7,00,000/- before the Principal District Munsif cum Rent Court, Coimbatore within a period of four weeks, failing which, the interim stay granted by this Court will be vacated automatically without any reference. Thereafter, the Appellate Court is directed to dispose of the case within a period of twelve weeks. Accordingly, the execution proceedings is ordered to be stayed till then.

8. With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
 
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