M/S. Barakath & Co vs Mr.M.Chidambaram ... ...
2021 Latest Caselaw 14794 Mad

                                                              1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 23.07.2021

                                                          Coram

                               THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                C.R.P. (NPD) No. 789 of 2021
                                                            And
                                                  C.M.P.No. 6626 of 2021
                     1.        M/s. Barakath & Co
                               Rep. by its Managing Partner
                               Mr.S.Aslam
                               Ground Floor
                               Old No.12, New No.19,
                               St. Xavier Street,
                               Seven Wells, Chennai – 600 001.

                     2.        Mr.S.Aslam

                                                       ... Respondents/Respondents/Petitioners

                                                       -Vs-

                     Mr.M.Chidambaram                  ... Petitioner/Respondent/Respondent

                     PRAYER: Civil Revision Petition filed under Section 25 of the Tamil Nadu
                     Buildings (Lease and Rent Control) Act 18 of 1960 as amended by Act 23
                     of 1973, against the Judgment and Decree dated 16.12.2019 made in
                     R.C.A.No. 291 of 2019 on the file of VIII Judge, Small Causes Court,
                     Chennai, against the order and Decree dated 25.04.2019 made in
                     R.C.O.P.No. 611 of 2017 on the file of XII Judge, Small Causes Court,
                     Chennai.


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                                        For Petitioners     :     Mr. M.Murugesan

                                        For Respondent      :     Mr.P.B.Ramanujam

                                                                ORDER

The records had been received from the XII Small Causes Court,

Chennai, in relation to E.P.No. 268 of 2020 in R.C.O.P.No. 611 of 2017

[Mr.M.Chidambaram, Petitioner/Decree Holder Vs. Barakth & Co &

Others, respondent/Judgment Debtor.]

2. On 24.03.2021, the learned Rent Controller/XII Small Causes

Court, Chennai, has passed the following order:-

“Decree Holder counsel present and reported taken delivery. Executed warrant returned along with the report of the Bailiff dated 24.03.2021. On perusal of it, the Bailiff stated that he handover the vacant possession of the premises to the Decree Holder's son. To that effect Decree Holder's son gave his written statement to the Bailiff, in turn he enclosed along with his report. There was no representation for Judgment Debtor till 4.00 p.m. Hence, Delivery given by the Bailiff is hereby

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recorded and Execution proceeding is terminated. No cost.

Pronounced by me in the open Court on this 24 th day of March 2021.

XII JUDGE, SCC, CHENNAI”

3. Pursuant to that a decree had also been drafted and passed

which is as follows:-

“DECREE That, Execution proceeding is terminated. No cost.

SCHEDULE Entire ground floor of the premises bearing Old No.12, New No.19, t. Xavier Street, Seven Wells, Chennai – 600 001.

Given under my hand and seal of this Court on this 24th days of March 2021.

XII JUDGE, SCC, CHENNAI”

4. In view of these, nothing further survives for consideration

before this Court. The records may be returned back to the XII Small

Causes Court, Chennai.

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C.V.KARTHIKEYAN, J.

vsg

5. This Civil Revision Petition is dismissed. No order as to costs.

Consequently, connected Miscellaneous Petition is closed.

23.07.2021 vsg

C.R.P. (NPD) No. 789 of 2021 And C.M.P.No. 6626 of 2021

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