Madras High CourtA/893/2020disposed of

M/S.Indian Oil Corporation Limited v. Mr.G.Ravindra And Another

2020-02-28Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 28TH DAY OF FEBRUARY 2020 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.Nos. 893 & 894 of 2020 in E.P.No. 16 of 2020 E.P.No. 16 of 2020:- G.Ravindra, Son of Late.G.Vardappa, Old Door No.15, New Door No.12, Moores Road, Thousand Lights, Chennai-600 006. .... Decree Holder -Versus1.M/s. Indian Oil Corporation Limited, Represented by its Chief Divisional Manager, Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai-600 018.

2.M/s. Sri Krishna Sweets, Door No.7, Nungambakkam High Road, Chennai-600034 .... Judgment Debtors

A.Nos. 893 & 894 of 2020:- 1.M/s. Indian Oil Corporation Limited, Represented by its Chief Divisional Manager, Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai-600 018.

... Applicant Vs.

1.G.Ravindra, Son of Late.G.Vardappa, Old Door No.15, New Door No.12, Moores Road, Thousand Lights, Chennai-600 006. .... 1 st Respondent / Decree Holder 2.M/s. Sri Krishna Sweets, Door No.7, Nungambakkam High Road, Chennai-600034 .... 2 nd Respondent A.No. 893 of 2020:- Application praying that this Hon'ble Court be pleased to set aside the Order passed by the Learned Master dated 17/02/2020 in E.P.No.16 of 2020 directing the 1st Respondent to take steps for delivery of vacant possession after 04/03/2020 and for delivery by 01/04/2020.

A.No. 894 of 2020:- Application praying that this Hon'ble Court be pleased to stay the order dated 17/02/2020 passed in E.P.No.16 of 2020 by the Learned Master pending disposal of the appeal.

These Applications coming on this day before this court for hearing, the Court made the following order:- These applications are filed to set aside the order dated 17.02.2020 in E.P.No.16 of 2020 and to stay the said order, pending disposal of the set aside application.

2. I heard the learned senior counsel for the application/judgment debtor and the learned counsel for the respondent/decree holder.

3. By order dated 17.02.2020, the learned Master directed the decree holder to take steps for delivery of vacant possession only after 04.03.2020.

4. The learned senior counsel for the applicant/judgment debtor submits that an appeal has been filed and that the said appeal is likely to be listed in the first week of March, 2020.

5. Upon considering the said submission, I am of the view that the interest of

justice would be served if the decree holder is directed not to take steps for delivery of vacant possession until 10.03.2020. Accordingly, the decree holder shall pay batta after 10.03.2020.

6. In view of the above order, nothing remains for adjudication in either of these applications. Accordingly, these applications are disposed of on the above terms. Sd./-SKRJ 28.02.2020 //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 18.03.2022