Manimaran v. K.Sundara Murthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.3391 of 2024 Manimaran ... Petitioner Vs K.Sundara Murthy ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the order and decreetal order dated 01.12.2023 passed in RLTA NO.205 of 2023 on the file of the VI Additional City Civil Court, Chennai (Rent Tribunal) in confirming the order and decreetal order of eviction dated 18.07.2023 passed in RLTOP No.287 of 2022 on the file of the XVI Judge, Court of Small Causes, Chennai (Rent Court).

For Petitioner :

Mr.R.Jayaprakash For Respondent :

Mr.P.K.Mohana Vel

O R D E R

This Civil Revision Petition has been filed against the order passed by the VI Additional City Civil Court, Chennai on 01.12.2023 in RLTA NO.205 of 2023 1 / 4

confirming the order passed by the learned XVI Judge, Court of Small Causes, Chennai (Rent Court), in RLTOP No.287 of 2022 on 18.07.2023.

2. When the matter was taken up for hearing on 22.10.2024, the learned counsel appearing for the petitioner submitted that the petitioner is ready to vacate and hand over the possession on 30.11.2024 subject to the respondent/landlord repaying the amount retained by him and the respondent's counsel had also agreed to pay the advance amount of Rs.2,56,000/- on the date of the petitioner vacating the premises.

3. Today, the learned counsel for the petitioner submitted that the matter has been settled between the parties and pursuant to the order passed by this court on 22.10.2024, the petitioner had also vacated and handed over the vacant possession to the respondent/landlord and the respondent had also handed over the Demand Draft for a sum of Rs.2,56,000/- to the petitioner. He further submitted that pursuant to the same, a Memo has been filed before the executing Court and by recording the same, the Execution Petition has also been terminated.

4. Learned counsel for the respondent submitted that the execution petition in E.P.No.995 of 2023 has been terminated as early as on 09.12.2024 and the possession has also been taken by the respondent. 2 / 4

5. Heard both sides and perused the materials available on record including the Memo dated 05.12.2024 filed by the petitioner before the XVI Small Causes Court, Chennai.

6. Recording the submissions made by the learned counsel appearing for both sides, this Court finds that nothing survives for further adjudication in this revision petition, since the execution petition has been terminated and the possession has also been taken by the Decree Holder.

7. Accordingly, this Civil Revision Petition stands closed. Consequently, the connected Civil Miscellaneous Petition is also closed. No costs. 04.02.2025 Index : Yes / No ham To

1. The XVI Judge, Court of Small Causes, Chennai

2. The VI Additional City Civil Court, Chennai 3 / 4

A.D.JAGADISH CHANDIRA, J.

ham C.R.P.No.672 of 202 and C.M.P.No.3391 of 2024 04.02.2025 4 / 4