Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 46836 (MAD)

B.Dhanapal v. M.Sivalingam

CRP/1379/2026 · 2026-06-30

P B Balaji

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP. No.1379 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CRP. No.1379 of 2026 and CMP. No.6661 of 2026 B.Dhanapal ..Petitioner(s) Vs M.Sivalingam S/o.Shri M.Masilamani, Rep. by his Power Agent, Shri S.Balasubramani ..Respondent(s) PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 17.03.2023 passed in E.P. No.187 of 2023 (pending on the file of XIV Court of Small Causes, Chennai), in R.L.T.O.P. No.283 of 2021 (on the file of the XIV Court of Small Causes, Chennai qua Rent Court). For Petitioner(s): For Respondent(s): Mr.K.Mahalingam Mr.C.Santhosh Seetharam for Mr.R.A.Arunkumar ORDER The revision has been filed challenging the order of delivery passed by the Rent Court in EP. No.187 of 2023 on the file of XIV Court of Small Causes, Chennai, pursuant to the order passed in R.L.T.O.P. No.283 of 2021, on the file of the XIV Court of Small Causes, Chennai qua Rent Court. https://www.mhc.tn.gov.in/judis CRP. No.1379 of 2026 __________ Page2 of 4 2. The learned counsel for the appearing for the respondent states that the respondent is no more and he was already represented by his power agent who is none else than his son, the other legal heirs have to be impleaded according to the learned counsel for the respondent. 3. However, the learned counsel for the petitioner states pending this Civil Revision Petition, R.L.T.A. No.24 of 2023 which was filed against the order of delivery of possession in R.L.T.O.P. No.283 of 2021 which was allowed on 12.06.2026, on the file of the XVII Additional Judge, City Civil Court, Chennai (Rent Tribunal). 4. In the light of the above, I do not see any requirements to keep this revision pending as the order of delivery itself becomes infructuous. It is noticed and admitted by both the parties that possession has already taken in the Execution Proceedings and it appears that the petitioner has now moved an Application for restitution. The Application for restitution shall be disposed of expeditiously and on its own merits within a period of three (3) months. It shall be open to both parties to lead oral and documentary evidence. https://www.mhc.tn.gov.in/judis CRP. No.1379 of 2026 __________ Page3 of 4 5. With the above direction, this Civil Revision Petition is Disposed of. Consequently, connected Miscellaneous Petition is also closed. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The Judge, XIV Court of Small Causes, Chennai. https://www.mhc.tn.gov.in/judis CRP. No.1379 of 2026 __________ Page4 of 4 P.B.BALAJI J. rkp CRP. No.1379 of 2026 and CMP. No.6661 of 2026 30.06.2026 https://www.mhc.tn.gov.in/judis