Mr.D.Karnakar v. Chandraesh D.Shah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2013 D.Karnakar ...

Petitioner Vs

1. Chandresh D.Shah Proprietor, The BSA Shop, No.B-3, Golden Primrose, No.32 and 34, Saravana Street, T.Nagar, Chennai-600 017.

2. Turakhia Opticians No.84/90, G.N.Chetty Road, T.Nagar, Chennai-600 017.

...

Respondents Prayer:- Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings Lease and Rent Control Act, 1960, as against the order dated 08.07.2013 of the Learned VII Judge, Small Causes Court, Chennai made in R.C.A.No.223 of 2013 confirming the orders of the Learned XII Judge, Small Causes Court, Chennai made in M.P.No.454 of 2009 in R.C.O.P.No.891 of 2009.

For Petitioner : Mr.V.G.Guhan Murugan For Respondents : Mr.A.Neelakantan

ORDER

This Civil Revision Petition has been filed as against the order dated 08.07.2013 of the Learned VII Judge, Small Causes Court, Chennai made in R.C.A.No.223 of 2010 confirming the orders of the Learned XII Judge, Small Causes Court, Chennai made in M.P.No.454 of 2009 in R.C.O.P.No.891 of 2009.

2. The learned counsel for the petitioner would submit that pending revision, parties have entered into a compromise and amicably settled their issues. They have also produced compromise memo, dated 04.11.2022 before this Court.

3. The compromise memo dated 04.11.2022 filed by the parties is extracted hereunder:- " 1. The first respondent agreed to receive a sum of Rs.50,000/- being rental advance and withdraw the RCOP No.891 of 2009 on the file of XII Small Causes Court, Chennai.

2. The Petitioner has refunded the said sum of Rs.50,000/- by way of D.D.Bearing No.128345 dated 03.11.2022 drawn on Axis Bank.

3. The parties declare that there is no further dispute

between the petitioner and the first respondent and the respondent has no claim as tenant or otherwise with respect to the property subject matter of RCOP 891 of 2009.

4. The 1st Respondent agree to withdraw the RCOP No.891 of 2009 on the file of the XII Small Causes Court, Chennai.

5. The CRP may be disposed in pursuance of the said compromise".

4. In view of the above compromise entered between the parties, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. The compromise memo dated 04.11.2022 shall form part and parcel of this order.

22.12.2022 mn Index:Yes/No Internet:Yes/No Speaking Order: Yes/No To

1. The VII Judge, Small Causes Court, Chennai.

2. The XII Judge, Small Causes Court, Chennai.

G.K.ILANTHIRAIYAN.J, mn and M.P.No.1 of 2013 22.12.2022