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Prabhu Jayaram   27 April 2025

High court stay petition process after small court order

Hi Experts,

We recently received an order from the Small Court in Tamil Nadu instructing our tenant to vacate our premises on the grounds of wilful default of rent. However, the tenant has approached the High Court and filed a stay petition (CRP) seeking to delay the Small Court's order.

In parallel, the tenant had filed a counter as well in the Small Court. 

What is the intention of tenant to file two things in parallel.

And with the High Court's involvement, the tenant will be ordered to pay the full or partial pending arrears that have accumulated over the past few years while the case was pending in the Small Court and rent for coming months? Or, will we will be in same situation of not receiving any rents like before?

Could anyone with experience in such matters provide guidance on how the High Court typically handles arrears in such cases, especially in Tamil Nadu? Additionally, how does the presence of a counterclaim in the Small Court affect the High Court's decision-making process in this regard?

Thank you in advance for your insights and advice.



 4 Replies

R.K Nanda (Advocate)     27 April 2025

Most likely HC will direct tenant to pay arrears of rent to you before grant of stay order to tenant. and chances of tenant getting stay order from HC are very remote.

What type of counter tenant has filed in small court?

Prabhu Jayaram   27 April 2025

Thank you sir for the response. We are yet to get counter details before that we got this letter from High court about this petition. Any comment on duration or timeline for the process it takes in High court

T. Kalaiselvan, Advocate (Advocate)     27 April 2025

If you have received notice from high court in this regard you engage the services of an advocate practicing in high court to file a counter affidavit objecting his civil revision petition and pray to vacate the stay order for the reasons you rely upon.

If the respondent has filed a counter claim before the small causes court you file the counter to dismiss it 

You were supposed to clarify the details pertaining to practical situation from your own lawyer hence be in touch with your own lawyer.

P. Venu (Advocate)     27 April 2025

"We recently received an order from the Small Court in Tamil Nadu instructing our tenant to vacate our premises on the grounds of wilful default of rent. However, the tenant has approached the High Court and filed a stay petition (CRP) seeking to delay the Small Court's order.

In parallel, the tenant had filed a counter as well in the Small Court." 
The facts posted are less than convincing. What is the Case No.? Which Court?


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