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Madras High CourtCRP/2014/2023disposed of

Sarah Prabhu v. Shanthakumari

2023-12-06Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI C.R.P.Nos.2014 and 2111 of 2023 and C.M.P. No.12624 of 2023 C.R.P.No.2014 of 2023 1.Sarah Prabhu rep. by 4th petitioner Mr.P.Jawahar John Jasper 2.T.I.Joshua 3.P.Jawahar John Jasper ... Petitioners -VsShanthakumari ... Respondent Prayer in CRP 2014 of 2023 : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 09.11.2022 in R.C.A. No.4 of 2018 on the file of the Subordinate Court, Tambaram whereby confirming the judgment and decree passed in R.C.O.P. No.2 of 2009 dated 22.12.2017 on the file of the Rent Controller (District Munsif Court, Tambaram).

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For Petitioners :

Mr.T.M.Mano For Respondent :

Mr.P.Ravichandran C.R.P.No.2111 of 2023 Shantha Kumari ...

Petitioner -VsJoslin Paulraj (Died) 1.Sarah Prabhu rep. by her power agent P.Jawhar John Jasper 2.T.I.Joshua 3.P.Jawahar John Jasper ... Respondents Prayer in CRP 2111 of 2023 : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the learned District Munsif, Tambaram to dispose of E.P. No.9 of 2018 in R.C.O.P. No.2 of 2009 on the file of District Munsif Court, Tambaram expeditiously within the time fixed by this court.

For Petitioner :

Mr.P.Saravana Sowmiyan For Respondents :

Mr.T.M.Mano 2/5

ORDER

The Civil Revision Petition in C.R.P.No.2014 of 2023 has been filed challenging the impugned order passed in R.C.A.No.4 of 2018 passed by learned Sub-Court, Tambaram confirming the judgment and decree passed in RCOP No. 2 of 2009 on the file of Rent Controller (District Munsif Court) Tambaram.

2. The Civil Revision Petition in C.R.P.No. 2111 of 2023 has been filed seeking a direction directing the learned District Munsif, Tambaram to dispose of E.P.No.9 of 2018 in R.C.O.P.No.2 of 2009.

3. Today, when the matter taken up for hearing, both the learned counsel for Revision Petitioners as well as Respondents in both Civil Revision Petitions appeared. The learned counsel for Revision Petitioner in C.R.P.No.2014 of 2023 submitted an undertaking affidavit and accordingly, they agreed to vacate the premises on or before 01.06.2024. Notice was given to other side and the landlord also appeared. Accordingly, the undertaking affidavit is recorded and the Revision Petitioners are 3/5

directed to vacate the premises on or before 01.06.2024 as per the undertaking given by them, failing which, the respondent/landlord is entitled to initiate action for eviction directly before the Executing Court immediately. Accordingly, this Civil Revision Petition in C.R.P.No.2014 of 2023 is disposed of.

4. In view of undertaking affidavit filed in C.R.P.No.2014 of 2023, by the Revision Petitioners agreeing to vacate the premises on or before 01.06.2024, the Civil Revision Petition in C.R.P.No.2111 of 2023 is closed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

5. Post the matter on 03.06.2024 for reporting compliance. 06.12.2023 Index : Yes/No Speaking Order : Yes/No rpp To The Sub-Judge, Tambaram.

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T.V.THAMILSELVI, J.

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