CMP No. 15983 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CMP No. 15983 of 2026 in CRP.No.2228 of 2026 P.Priyanka D/o. Prem Kumar, No.425/2, P-Block, 17th Street, 6th Avenue, Tower View Colony, Anna Nagar, Chennai 40. ..Appellant(s) Vs 1. Mythili Mohan W/o.Mohan, Adora A4901, old Mahabalipuram Road, Padur, Kancheepuram Dist 603 103. 2. R.Veeralakshmi Prop. of M/s.Sun Homes, No.425/2 P Block, 17th Street, 6th Avenue, Tower View Colony, Anna Nagar, Chennai 600 040. Also at No.107, G1 Elite Enclave, Elagovadigai Street, Near Thirumullaivoyil Station, Senthil Nagar, Tirumullaivoyil, Chennai. ..Respondent(s) To restore CRP.No.2228 of 2026 dismissed on 09-06-2026 to file. For Appellant(s): Mr.B.Balaji For Respondent(s): Mr.Kingston Jerold for R1 R2 not ready in notice https://www.mhc.tn.gov.in/judis CMP No. 15983 of 2026 __________ Page2 of 4 ORDER This application has been filed to restore CRP.No.2228 of 2026, that has been dismissed on 09.06.2026. 2. I have heard Mr.B.Balaji, learned counsel for the petitioner and Mr.Kingston Jerold, learned counsel for the 1st respondent. 3. The learned counsel for the petitioner states that though the revision was adjourned to 09.06.2026 from 02.06.2026 and in terms of the undertaking given to the Court, an affidavit was duly filed before the Registry of this Court on 08.06.2026. Unfortunately, when the matter was called on 09.06.2026, there was no representation for the petitioner, which resulted in dismissal of the revision petition, directing the revision petitioner to vacate and hand over vacant possession to the respondent-landlady, within a period of four months. This order is now sought to be recalled. 4. The learned counsel for the petitioner also invited my attention to the undertaking affidavit and also the factum of the said affidavit having been duly filed before the Registry on 08.06.2026, well before the order dated 09.06.2026. However, a copy of the said affidavit of undertaking has not been served in advance on the learned counsel for the respondent. https://www.mhc.tn.gov.in/judis CMP No. 15983 of 2026 __________ Page3 of 4 5. Be that as it may, in view of the undertaking to vacate the premises within a period of four months having been filed on 08.06.2026 and the same not having been brought to the notice of the Court for the fault of the then counsel, the petitioner should not suffer. 6. The learned counsel for the respondent would however submit that the CRP was not dismissed for non-prosecution, but on merits. He would further contend that the petitioner is in huge arrears of rent and the respondent-landlady should not suffer, on account of the lack of diligence on the part of the petitioner. 7. In view of the above, the Civil Miscellaneous Petition is ordered and the CRP.No.2228 of 2026 is restored to file. 07-07-2026 1/2 ATA https://www.mhc.tn.gov.in/judis CMP No. 15983 of 2026 __________ Page4 of 4 P.B.BALAJI, J. ATA To The X Judge, Court of Small Causes, Chennai. CMP No. 15983 of 2026 in CRP.No.2228 of 2026 07-07-2026 1/2 https://www.mhc.tn.gov.in/judis