C.R.P.(NPD)(MD)No.1833 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR C.R.P.(NPD)(MD)No.1833 of 2026 and C.M.P.(MD)No.8883 of 2026 Anthony Michael Cruz ... Petitioner Vs Palayam Habeen Mohammed, Represented by his Power Agent, Mr.V.I.Jainul Abudeen. ... Respondent PRAYER: Civil Revision Petition filed under Section 115 of the CPC, praying to set aside the impugned order dated 17.03.2026 passed in E.P.No. 40 of 2025 in R.C.O.P.No. 7 of 2016 on the file of the Rent Control Tribunal/Principal District Munsif Court, Thoothukudi and allow the present Civil Revision Petition. For Petitioner : Mr.R.J.Karthick 1/4 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)(MD)No.1833 of 2026 O R D E R This Civil Division petition is filed challenging the order passed by the Executing Court allowing the application filed by the respondent/landlord seeking possession of the property by ordering delivery. 2. It is not in dispute that the respondent/landlord filed rent control eviction petition on the ground of willful default and the learned Rent Controller ordered eviction of the petitioner. The appeal filed by the petitioner in R.C.A.No.4 of 2023 was also dismissed on 02.08.2024. The petitioner had taken a stand before the Executing Court that challenging the order of dismissal passed in R.C.A.No.4 of 2023, he preferred a revision before the High Court. Merely because the petitioner said to have preferred a revision, the Executing Court cannot wait perennially. In the case on hand, R.C.A.No.4 of 2023 was dismissed on 02.08.2024. After waiting for nearly 20 months, the Executing Court, after recording that the petitioner failed to produce any stay order from this Court in the revision, rightly allowed the Execution Petition by ordering delivery. When the petitioner failed to produce any stay order from the higher forum, the executing Court had no other option but to 2/4 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)(MD)No.1833 of 2026 proceed further. I don't find any error in the impugned order. 3. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. 14.07.2026 NCC : Yes / No Index : Yes / No vsm To 1. The Rent Control Tribunal/Principal District Munsif Court, Thoothukudi 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)(MD)No.1833 of 2026 S.SOUNTHAR, J. vsm C.R.P.(NPD)(MD)No.1833 of 2026 14.07.2026 4/4 https://www.mhc.tn.gov.in/judis