CMP No.12855 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-06-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CMP No. 12855 of 2025 in CRP No. 1376 of 2025 Fyzil A.S S/o Ahmed Sheriff, Garden Bakery, 32, Garden Road, Udhagamandalam & 4 others Petitioner(s) Vs M. Ashok Chand S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris & 18 others Respondent(s) For Petitioner(s): Mr.K.C.Karl Marx For Respondent(s): Mr.Vishnu Manoharan for Mr.Vishnu Mohan for R1 and R2 Mr.P.Prithvi Chopda for R16 and R17 https://www.mhc.tn.gov.in/judis CMP No.12855 of 2025 ORDER This petition has been filed by the tenants seeking extension of time by four months to vacate the shop under their occupation, as per the order of this Court in C.R.P.No.1376 of 2024, dated 29.04.2025. 2.The above Civil Revision Petition filed by the tenants as against the order of eviction passed by the Rent Controller, Udhagamandalam, in E.A.No.2 of 2024 in E.P.No.42 of 2014, was disposed of by this Court by order dated 29.04.2025, directing the petitioners/tenants to surrender/hand over the vacant possession of the shop under their occupation, to the landlords, on or before 31.05.2025, as per their undertaking before this Court. It is pertinent to note that, though the petitioners sought time till 31.12.2025, this Court granted time only till 31.05.2025 to vacate the premises. 3.However, now, once again, the petitioners have taken out the present petition to extend the time till 30.09.2025 to vacate the premises. It is the https://www.mhc.tn.gov.in/judis CMP No.12855 of 2025 contention of the petitioners that they could not find an alternative place to transfer and relocate their shop, since the shop is located at a busy tourist spot at Ooty. 4.This Court is of the view that, once a party files an affidavit of undertaking before this Court, he/she has to honour the undertaking without any violation. As a matter of right, the party cannot seek extension of time. Hence, this Court is not inclined to show any indulgence to the petitioners. 5.Accordingly, this Civil Miscellaneous Petition is dismissed. The petitioners/tenants are directed to vacate and hand over vacant possession of the shop occupied by them, to the landlords, on or before 30.06.2025, failing which, the Execution Court shall immediately issue warrant as against the tenants. In the event of petitioners still not vacating the premises, it is made clear that they will be proceeded for contempt of Court. 13-06-2025 mkn https://www.mhc.tn.gov.in/judis CMP No.12855 of 2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Note : Issue order copy on 19.06.2025. To 1.The Rent Controller, Udhagamandalam, The Nilgiris District. 2.M. Ashok Chand S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris. 3.M. Dharam Chand S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris. 4.M. Jai Chand S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris. 5.M. Vijai Chand S/o. Late. S. Mothilal, No.129, Main Bazar, Udagamandalam, The Nilgiris. 6. Sumathi B. Rao W/o. late. K. Bujanga Rao Expresso Coffee House, Garden Road, Udhagamanalam. Ahamed Shariff (Since Deceased) https://www.mhc.tn.gov.in/judis CMP No.12855 of 2025 7.Narayandass No.139 A and C Garden Road, Udhagamandalam. 8.Ganeshan No.139 A and C, Garden Road, Udhagamandalam. 9.A.K. Chinnaiah No.139 A and C, Garden Road, Udhagamandalam. 10.A. Nasrullah Garden Bakery, Garden Road, Udhagamanalam. 11.A.S. Abdul Gani S/o. Ahmed Sheriff, Garden Bakery, Garden Road, Udhagamanalam. Rahima Bi (Since Deceased) 12.Radhakrishnan S/o. Bujanga Rao, Express Coffee House, Udhagamandalam. Ragavendra Rao (Since Deceased) 13.Jayalakshmi D/o. Bhujaranga Rao, Expresso Coffee House, Udhagamandalam. 14.Bhargavi W/o. Ragavendra Rao @ Raghu, Expresso Coffee House, Garden Road, Udhagamandalam. 15.Sri Ram https://www.mhc.tn.gov.in/judis CMP No.12855 of 2025 S/o. Ragavendra Rao @ Raghu, Expresso Coffee House, Garden Road, Udhagamandalam. 16.Sri Krishna S/o. Ragavendra Rao @ Raghu, Expresso Coffee House, Garden Road, Udhagamandalam. 17.S. Kanthilal S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam. 18.S. Lalithkumar S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam. 19.S. Mahaveerchand S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam. 20.S. Balchand S/o. K.S. Santhilal, No.128, Main Bazaar, Udhagamandalam. https://www.mhc.tn.gov.in/judis CMP No.12855 of 2025 N.SATHISH KUMAR J. mkn CMP No. 12855 of 2025 in CRP No. 1376 of 2025 13-06-2025 https://www.mhc.tn.gov.in/judis