P.J.Bhaskar vs Pattuseliar Community
2021 Latest Caselaw 12195 Mad

                                                                                S.A.No.380 of 2016

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 22.06.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                              S.A.No.380 of 2016
                                                     and
                                     C.M.P.Nos.1044 of 2021 & 6708 of 2016

                 P.J.Bhaskar,
                 S/o.Late P.B.Janardhanam                                    ... Appellant

                                                       Vs.

                 Pattuseliar Community, Madras,
                 Maintained by Pattuseliar Sangam,
                 Represented by its General Secretary
                 A.N.Janakiraman, S/o.Nagiah Chetty,
                 Having office at No.14, Mangamma Lane,
                 Seven Hills, Chennai – 600 001.                             ... Respondent

                        Second Appeal filed under Section 100 of C.P.C., against the
                 Judgment and Decree dated 13.08.2014 made in A.S.No.41 of 2011 on
                 the file of the Sub-ordinate Court, Ponneri and confirming the Judgment
                 and Decree dated 29.10.2010 made in O.S.No.52 of 2001 on the file of
                 the District Munsif Court, Thiruvottiyur.

                                   For Appellant    : Mr.Krishna Ravindran
                                   For Respondent   : Mr.P.V.Murlidhar

                                                    JUDGMENT

The second appeal has filed by the appellant/defendant against

the Judgment and decree dated 13.08.2014 passed by the learned

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Sub-ordinate Judge, Ponneri in A.S.No.41 of 2011 confirming the

Judgment and decree dated 29.10.2010 passed by the learned District

Munsif, Thiruvottiyur in O.S.No.52 of 2001.

2. The appellant/defendant has filed an affidavit undertaking to

vacate the premises on or before 31.12.2021. To that effect, Paragraph 3

of the affidavit reads as under:-

“3. I submit that the Respondent Society's Counsel has submitted before this Hon'ble Court that the Society proposes to demolish the existing building and reconstruct a new building in the said land. I state that I do not wish to obstruct thus noble cause and I am ready to vacate the premises on or before 31st December 2021. I further submit that the Respondent Society may give priority to the Appellant after construction of the new building, and offer on rent a portion of the building at the prevailing rate of rent offered for members of the community at the relevant time. The Respondent may be directed to withdraw the Execution Petition No.24 of 2017 and all proceedings may be closed in view of the orders passed in the present second appeal.”

3. The learned counsel for the respondent/plaintiff has no objection

to the request of the appellant/defendant as in Paragraph 3 of the above

affidavit.

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4. This Second Appeal therefore stands disposed in terms of the

above affidavit. In view of disposal of the above second appeal, there is

no necessity to pass any order in connected miscellaneous petitions. No

costs.

22.06.2021

arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Sub-ordinate Court, Ponneri.

2.The District Munsif Court, Thiruvottiyur.

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C.SARAVANAN, J.

arb

S.A.No.380 of 2016

22.06.2021

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