M/S.Lachmi Narayan Electricals vs M/S.Nithyadhan Properties Pvt. ...
2021 Latest Caselaw 20105 Mad

                                                                                      A.S.No.767 of 2014


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 30.09.2021

                                                        CORAM:

                                 THE HONOURABLE MS.JUSTICE P.T.ASHA

                                               A.S.No.767 of 2014 and
                                                  M.P.No.2 of 2014

                      M/s.Lachmi Narayan Electricals
                      Registered Partnership Firm,
                      Rep by its Partners
                      Hari Khemchand & Divya Hari                                 ...Appellant
                                                           Vs

                      1.M/s.Nithyadhan Properties Pvt. Ltd.,
                      2.Shantha Dharman
                      3.Manoj Thandassery Dharman
                      4.Sajan Thandassery Dharman
                      5.Suraj Thandassery Dharman
                      ...Respondents


                      PRAYER Appeal Suit filed under Section 96 of the Code of Civil
                      Procedure to set aside the decree and judgment dated 30.07.2014 passed
                      in O.S.No.542 of 2010 on the file of the I Additional District Court,
                      Coimbatore.


                                    For appellant       : Mr.M.Aravind Subramaniam

                                    For respondents     : Mr.C.Mouli or R1, R2 & R5
                                                          No appearance for R3 & R4



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                                                                                     A.S.No.767 of 2014




                                                        JUDGMENT

The memo has been filed stating that the respondents 1, 2 and 5

are willing to comply with the judgment and decree in O.S.No.542 of

2010 dated 30.07.2014 passed by the learned I Additional District Judge,

Coimbatore and also that they are entitled to claim arrears of rent till the

appellant vacate the premises. The issue of arrears of rent is not found in

the subject matter of the suit.

2.The learned counsel for the appellant would submit that on

receipt of the money, his client shall hand over the possession of the said

property.

3.Recording the said memo and considering the fact that the memo

has been filed stating that the respondents 1, 2 and 5 are willing to return

the amount as per the judgment and decree, the First Appeal is allowed

with the following terms:-

(a) that the respondents 1, 2 and 5 shall comply with the judgment

and decree in O.S.No.542 of 2010 dated 30.07.2014 passed by the

learned I Additional District Judge, Coimbatore, within a period of two http://www.judis.nic.in

A.S.No.767 of 2014

months from the date of receipt of a copy of this order.

(b) On such payment made by the respondents 1, 2 and 5, the

appellant shall hand over the vacant possession of the suit properties.

4.Consequently, connected Miscellaneous Petition is closed. No

further orders to cost.

30.09.2021

vkr

To

The I Additional District Judge, Coimbatore.

P.T.ASHA, J http://www.judis.nic.in

A.S.No.767 of 2014

vkr

A.S.No.767 of 2014 and M.P.No.2 of 2014

30.09.2021

http://www.judis.nic.in