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B.K.Malhotra vs Vijayakumar Khattar
2021 Latest Caselaw 21993 Mad

Citation : 2021 Latest Caselaw 21993 Mad
Judgement Date : 2 November, 2021

Madras High Court
B.K.Malhotra vs Vijayakumar Khattar on 2 November, 2021
                                                                             C.M.P. No.18155 of 2021
                                                                       in C.R.P. Sr. No.64464 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 02.11.2021
                                                     CORAM:
                         THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
                                              C.M.P. No.18155 of 2021
                                           in C.R.P. Sr. No.64464 of 2021


                B.K.Malhotra                                        ...Petitioner in both petitions

                                                        Versus

                 Vijayakumar Khattar                              ...Respondent in both petitions


                Prayer in C.M.P. No.18155 of 2021: Civil Miscellaneous Petition is filed

                under Section 151 of Civil Procedure Code, to dispense with the production of

                the certified copies of the judgment and decree in R.C.O.P. No.2074 of 2011

                dated 22.02.2016 on the file of XV Judge, Court of Small Causes at Chennai.



                Prayer in C.R.P. Sr. No.64464 of 2021: Civil Revision Petition sought to be

                filed under Section 25 of the T.N.Buildings (Lease & Rent Control) Act, 1960,

                to set aside the judgment and decree passed in R.C.A. No.236 of 2016 dated

                02.03.2020 on the file of VII Judge, Court of Small Causes / Rent Controller at

                Chennai, thereby confirming the judgment and decree passed in R.C.O.P.

                No.2074 of 2011 dated 22.02.2016 on the file of XV Judge, Court of Small
https://www.mhc.tn.gov.in/judis
                1 of 4
                                                                                C.M.P. No.18155 of 2021
                                                                          in C.R.P. Sr. No.64464 of 2021

                Causes at Chennai.



                                      For Petitioner      : Mr. K.Premkumar
                                      (in both petitions)

                                       For Respondent : Mr. T.Sezhian
                                       (in both petitions)
                                                        ******


                                                      ORDER

C.M.P. No.18155 of 2021 in C.R.P. Sr. No.64464 of 2021

When the matter was taken up for hearing on 01.11.2021, learned

counsel appearing for the caveator submitted that the respondent had taken

possession of the property on the basis of order of eviction. There was no

representation on behalf of the petitioner and hence, this Court posted the

matter today for the petitioner's argument. Today, learned counsel for the

petitioner is present before this Court and confirms that possession had been

taken by the respondent and further submitted that nothing survives for further

adjudication in this matter and hence the same may be dismissed as infructuous.

2. Recording the submission of the learned counsel for the petitioner, this

petition is dismissed as infructuous. The main Civil Revision Petition which is

https://www.mhc.tn.gov.in/judis 2 of 4 C.M.P. No.18155 of 2021 in C.R.P. Sr. No.64464 of 2021

sought to be filed, stands dismissed at the Sr. stage itself. No costs.

02.11.2021

Index: Yes/ No Speaking Order / Non-Speaking Order bkn

Copy to:

1. The VII Judge, Court of Small Causes / Rent Controller,

Chennai.

2. The XV Judge, Court of Small Causes at Chennai.

https://www.mhc.tn.gov.in/judis 3 of 4 C.M.P. No.18155 of 2021 in C.R.P. Sr. No.64464 of 2021

G.CHANDRASEKHARAN, J.,

bkn

C.M.P. No.18155 of 2021 in C.R.P. Sr. No.64464 of 2021

02.11.2021

https://www.mhc.tn.gov.in/judis 4 of 4

 
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