The decree holder's right to the fruits of a final eviction decree during execution proceedings cannot be defeated by repetitive requests for time and abuse of court process by the judgment debtor after all appellate remedies are exhausted.

COMMON ORDER

Civil Revision Petition No.1307 of 2026 is filed seeking a direction to set aside the order dated 23.02.2026, passed by the VI Judge, Small Causes Court, Chennai in E.A.No.2 of 2026 in E.P.No.404 of 2024 in RLTOP No.260 of 2022, permitting the bailiff to break open the lock of the schedule premises in the petitioner's petition in order to execute the warrant and Civil Revision Petition No.1308 of 2026 is filed challenging the order dated 23.02.2026, in E.A.No.3 of 2026 ordering police protection to enable the bailiff to execute the warrant in E.P.No.404 of 2024 in RLTOP No.260 of 2022

2.Since the parties and the issues involved in these CRP's are identical, both the CRP's are diposed by this common order. The parties will be alluded as per their ranking in the Execution Proceedings.

3.The respondent filed RLTOP No.260 of 2022, under Section 21(2)(a)

of the Tamil Nadu Regulation of Rights and Responsibility of Landlords and Tenants Act, 2017. The said RLTOP was allowed on 28.03.2024, directing the petitioner to vacate and handover the vacant possession of the premises to the respondent. Against the RLTOP order, the petitioner filed RLTA No.96 of 2024 on 29.04.2024. The appeal against RLTOP was disposed of on 18.10.2024, confirming the judgment and decree passed in RLTA. The petitioner thereafter filed CRP No.4375 of 2024 before this Court and the said CRP was dismissed by order dated 21.11.2025, with a direction to the petitioner to vacate and hand over the vacant possession of the tenanted premises on or before 31.01.2026. Thereafter the petitioner preferred SLP before the Hon'ble Supreme Court in SLP(C) No.3343 of 2026, and the same was dismissed on 28.01.2026. Meanwhile, the respondent during the pendency of the aforesaid proceedings, filed E.P.No.404 of 2024 for execution of the decree passed in RLTOP No.260 of 2022 and in the said EP, on 23.02.2026, the respondent filed petition in E.A No.2 of 2026, to break open the lock in the demised premises through the bailiff and the same was ordered on 23.02.2026. Aggrieved by the aforesaid order, the petitioner filed CRP No.1307 of 2026.

4.The respondent filed E.A No.3 of 2026 in E.P No.404 of 2024, for police protection to enable the Bailiff to execute the warrant and the same was allowed on 23.02.2026, challenging the aforesaid order, CRP No.1308 of 2026 is filed.

5.The records disclose that the petitioner suffered an eviction order on

28.03.2024 in RLTOP No.260 of 2022. The petitioner contested the eviction order tooth and nail upto the Hon'ble Supreme Court, which dismissed the SLP(C)No.3343 of 2026 on 28.01.2026. It is therefore clear that the eviction order dated 28.03.2024 in RLTOP No.260 of 2022 attained finality. During the pendency of the proceedings, the respondent filed E.P.No.404 of 2024 to execute the decree in RLTOP No.260 of 2022. As order of delivery was passed on 29.07.2024, the petitioner challenged the order in CRP No.3366 of 2024 and the same was disposed on 27.08.2024. The petitioner has now filed the above CRP’s challenging the order in E.A Nos.2 and 3 of 2026 in E.P.No.404 of 2024 permitting the bailliff to break open the premises and directing police protection to the bailifff of break open the premises respectively.

6.When the CRP's were taken up for hearing as to admission on

10.03.2026, the learned counsel for the petitioner prayed for reasonable time to vacate the premises, and therefore, the case was adjourned for the undertaking affidavit of the petitioner. Accordingly, the petitioner filed an undertaking affidavit on 05.03.2026, undertaking to vacate and hand over vacant possession to the respondent on or before 02.04.2026. The learned counsel for the respondent consented to the undertaking affidavit of the petitioner and therefore this Court directed the registry to list the matter on 06.04.2026, for reporting compliance. On 15.04.2026, when the matter was taken u