Mythili vs Shanmugam
2024 Latest Caselaw 18246 Mad

Madras High Court

Mythili vs Shanmugam on 12 September, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                                       CMA.No.2516 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 12.09.2024

                                                          CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.HEMALATHA

                                                  C.M.A.No.2516 of 2024 and
                                                   C.M.P.No.19915 of 2024

                     Mythili                                                           ... Appellant
                                                              vs.
                     Shanmugam                                                         ... Respondent

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the orders and decreetal orders, dated
                     18.07.2024 in I.A.No.3/2023 in O.S.No.6105/2023 on the file of the XVI
                     Additional City Civil Court, Chennai.

                                             For Appellant          : Ms.Kamaladevi

                                             For Respondent         : Mr.S.Vennimali


                                                       JUDGMENT

Challenging the orders passed in I.A.No.3/2023 in

O.S.No.6105/2023 by the XVI Additional District and Sessions Judge,

Chennai, the present appeal is filed.

2. The appellant is the defendant in O.S.No.6105/2023 on the

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

file of the XVI Additional District and Sessions Judge, Chennai. The

respondent/plaintiff filed the suit for ejectment and to recover arrears of

rental amount from the defendant. Along with the plaint, the plaintiff filed

I.A.No.3/2023 under Order 39 Rule 10 C.P.C., seeking a direction to the

defendant to pay monthly rent of Rs.4,300/- to him. The present

appellant/defendant filed a counter in the said petition. However, she did

not dispute the arrears of rent amount and the monthly rent payable by her

to the plaintiff. In the circumstances, the Trial Court directed the present

appellant to pay arrears of rent for the period from October 2023 to June

2024 within a period of ten days from the date of the order in I.A.3/2023.

The trial Court also directed the present appellant / defendant to pay the

monthly rent on or before tenth of every English calender month.

Aggrieved over the same, the present appeal is filed.

3. Heard Ms.Kamaladevi, learned counsel for the appellant and

Mr.S.Vennimali, learned counsel for the Respondent.

4. It is seen from the records that the present appellant who is

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

the defendant in the suit has admitted that she is in arrears of rent from

April 2023. She has not paid any amount towards rental arrears and the

subsequent monthly rents though a direction was given by the trial Court

in I.A.3/2023 to pay the amount within ten days from the date of the

order. In the circumstances, I do not find any reason to interfere with the

orders passed by the Trial Court. Hence, the Civil Miscellaneous Appeal is

dismissed. Consequently, connected miscellaneous petition is closed. No

costs.

12.09.2024 Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes / No vum

To

1. XVI Additional District and Sessions Judge, City Civil Court, Chennai.

2.The Section Officer, VR Section, Madras High Court, Chennai.

R.HEMALATHA, J.

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

vum

C.M.A.No.2516 of 2024 and

12.09.2024

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