S.K. Subbiah v. A. Theoedore
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Saturday, the Twenty Eighth day of April Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE P. VELMURUGAN CMP Nos.8159 and 8160 of 2018 IN CRP(NPD)115 and 116/2018 S.K. SUBBIAH [ PETITIONER IN CMP.8159/18 IN CRP(NPD)115/2018] S.P.VIGNESH RAJA [ PETITIONER IN CMP.8160/18 IN CRP(NPD)116/2018] Vs A. THEOEDORE [ RESPONDENT IN BOTH THE PETITIONS ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i)To extend the time for 8 weeks in CMP No.643/2018 in CRP No.115/2018 (in CMP.8159/18 in CRP(NPD)115/2018)and; (ii) To extend the time for 8 weeks in CMP.NO.644 of 2018 in CRP.NO.116/2018 dated 11.1.2018 (in CMP.
8160/18 in CRP(NPD) 116/2018) Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of MR.AR.L.SUNDARESAN, SENIOR COUNSEL FOR M/S.A.MUNIRAJ, Advocate for the petitioner in each of the petitions and of MR.L.DHAMODARAN, Advocate for the Respondent in both the petitions the court made the following order:- These petitions have been filed to extend the time for compliance of the order dated 11.01.2018 passed by this Court. 2.By order dated 11.01.2018, this Court has already passed interim orders directing the petitioners to pay a sum of Rs.6,00,000/- and Rs.1,00,000/- to the respondent towards rental arrears from April 2016 to December 2017, within a period of eight weeks from the date of receipt of a copy of that order.
In future, the petitioner shall pay the rent regularly to the respondent on or before 5th day of every succeeding month. On 11.03.
Court dated 11.01.2018 and hence, these cases were adjourned to eight weeks. Thereafter, the petitioners have filed a memo in the Execution Court to pay a part payment against the arrears of amount in both cases and they undertook to pay the balance amount of arrears within two weeks and hence, these cases were directed to be listed after two weeks.
3. The learned counsel for the petitioner would submit that the revision petitioners have paid part amount towards arrears of rent amount and they are ready to pay the arrears of rent as per the rental agreement executed between the petitioners and the respondent. Hence, he seeks further time for compliance of the order dated 11.01.2018.
4. Considering the facts and circumstances of these cases, this Court is inclined to extend the time to comply the order dated 11.01.2018. However, this Court has granted time only four weeks, to comply the earlier order passed by this Court dated 11.01.2018 and the petitioners are directed to comply the order within a period of four weeks. The petitioners shall pay the entire rent amount, arrears amount, rent for the month of May, 2018 and they shall pay the rent regularly to the respondent on or before 05.06.2018.
5. Call the matters on 06.06.2018.
-sd/- 28/04/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE REGISTRAR, VIII SMALL CAUSES COURT, MADRAS C.C. to M/S.A.MUNIRAJ Advocate C.C. to MR.L.DHAMODARAN, Advocate Sr.No. 5790 & 5791 Order in CMP Nos.8159 and 8160 of 2018 IN CRP(NPD)115 and 116/2018 Date :28/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 28/05/2018 (IT)