R.Sairam v. R.Chakravarthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.529 of 2020 and C.M.P.No.2777 of 2020 & 2779 of 2020 R.Sairam ... Petitioner Vs.

1.R.Chakravarthy Proprietor Shree Mahaveer Impex, A5, Gitanjali Apartment, No.282 Lloyds Road, Gopalapuram, Chennai-600 086.

2.M/s.Shreyaa Tradlinks Private Limited represented by its Managing Director K.Nandakumar No..71/72 Wallajah road, Triplicane, Chennai-600005 3.M/s.Balajee and company represented by its Partner Auctioneers and Estate Agents, No.160 Thambu Chetty Street, Second floor, Opp. High Court, Chennai-600 001.

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal order dated 22.01.2020 passed in I.A.No.2 of 2019 in O.S.No.7670 of 2019 on the file of the VII Assistant, City Civil Judge, Chennai.

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For Petitioner : M/s.S.Balasubramaniam For Respondent 1 : Mr.K.V.Sundararajan For respondent 3 : No appearance For respondent 2 : Unserved

ORDER

When the matter is taken up for hearing, both the counsel for the petitioner/plaintiff and 1st respondent/1st defendant submitted that the matter has been settled between the parties as the petitioner deposited a sum of Rs.2,40,000/- (rupees two lakhs and forty thousand only) as per the interim order passed by this Court on 07.02.2020. The said statement of the learned counsel for the petitioner is recorded and the Civil Revision Petition is dismissed as settled.

2. Both the counsel for the petitioner and 1st respondent agreed that 1st respondent may be permitted to withdraw the amount deposited by the petitioner in pursuance of the interim order passed by this Court. 2/4

3. It is always open to the 1st respondent/1st defendant to make an appropriate application before the Court below seeking withdrawal of the amount deposited by the petitioner. The said application shall be considered on it's own merits by the Court below after issuing notice to the respondents 2 and 3 and the petitioner.

4. With the above observations, this Civil Revision Petition is dismissed as settled. Consequently, connected miscellaneous petitions are closed. No costs.

18.01.2024 Index : Yes / No Internet : Yes / No nr 3/4

S.SOUNTHAR , J.

nr To The learned VII Assistant City Civil Judge, Chennai. CRP.No.529 of 2020 and C.M.P.No.2777 of 2020 & 2779 of 2020 18.01.2024 4/4