Citation : 2024 Latest Caselaw 15760 Mad
Judgement Date : 13 August, 2024
C.R.P. No.2729 of 2024 and C.M.P. No.14440 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P. No.2729 of 2024 and C.M.P. No.14440 of 2024
Jubiee Parasini ... Petitioner
vs
Deepak Ranka ... Respondent
Prayer: Petition filed under Article 227 of the Constitution of India against
the judgment and decree dated 29.04.2024 passed in RLTA No.85 of 2022
by the learned XXVIII Additional Judge, City Civil Court at Chennai
confirming the fair and decretal order passed in RLTOP No.532 of 2020
dated 01.04.2022 on the file of the learned XVI Judge, Court of Small
Causes at Chennai.
For petitioner : Mr.Ashok Menon
For respondent : Mr.D.Kumaralingam
ORDER
This revision petition has been filed against the judgment and decree
dated 29.04.2024 passed by the learned XXVIII Additional Judge, City Civil
Court at Chennai in RLTA No.85 of 2022 confirming the fair and decretal
https://www.mhc.tn.gov.in/judis C.R.P. No.2729 of 2024 and C.M.P. No.14440 of 2024
order dated 01.04.2022 passed by the learned XVI Judge, Court of Small
Causes at Chennai in RLTOP No.532 of 202.
2.The learned Trial Judge, by judgment and decree dated 01.04.2022
in RLTOP. No.532 of 2020 directed the petitioner to vacate and hand over
the vacant possession of the petition premises to the respondent/applicant
within one month from the date of the said order. Aggrieved by the same,
the petitioner has filed RLTA. No.85 of 2022 before the learned XVIII
Additional Judge, City Civil Court, Chennai. By judgment and decree dated
29.04.2024, the learned Appellate Judge has confirmed the order passed by
the learned Trial Judge and dismissed the appeal filed by the petitioner. As
against the said dismissal order, the petitioner has filed this revision petition.
3.When the matter is taken up for hearing today, an affidavit of
Undertaking dated 08.08.2024 has been filed by the petitioner stating that
the petitioner undertakes to vacate the petition premises, namely, Tea Shop
to an extent of 100 sq.ft. in the ground floor of premises at New Door No.87,
Melpatti Ponnappa Mudali Street, Perambur, Chennai - 600 011 on or
https://www.mhc.tn.gov.in/judis C.R.P. No.2729 of 2024 and C.M.P. No.14440 of 2024
before 15.12.2024.
4.Learned counsel for the respondent has also agreed to the said
affidavit of undertaking given by the petitioner.
5.Both the learned counsel would also submit that in view of the
above undertaking given by the petitioner, this revision petition may be
disposed of.
6.In view of the above affidavit dated 08.08.2024 filed by the
petitioner undertaking to vacate the petition premises, namely, Tea Shop to
an extent of 100 sq.ft. in the ground floor of premises at New Door No.87,
Melpatti Ponnappa Mudali Street, Perambur, Chennai - 600 011 on or
before 15.12.2024 and also taking into consideration the fact that the
learned counsel for both sides have sought for disposal of this revision, this
revision petition is disposed of. Consequently, connected C.M.P. is closed.
https://www.mhc.tn.gov.in/judis C.R.P. No.2729 of 2024 and C.M.P. No.14440 of 2024
A.D.JAGADISH CHANDIRA, J.
vga
7.The affidavit of undertaking dated 08.08.2024 filed by the petitioner
shall form part of the Court records. No costs.
13.08.2024 vga
To
1.The XXVIII Additional Judge, City Civil Court at Chennai.
2.The XVI Judge, Court of Small Causes at Chennai
C.R.P. No.2729 of 2024 and C.M.P. No.14440 of 2024
https://www.mhc.tn.gov.in/judis
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