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Madras High CourtSA/1084/2015dismissed

Padmavathi v. D.Shanmugam,

2020-11-09Honourable Mr Justice R. Subramanian4 pages

R.SUBRAMANIAN, J.

This appeal is posted for being mentioned at the instance of the counsel for appellant. Heard Mr.D.Shivakumaran, learned counsel for the appellant and Mr. Raghavendran for Mr.V.Venkatasamy, learned counsel for the respondent.

2. The appeal was dismissed on 09.11.2020. The counsel for the appellant now seeks time to vacate and handover vacant possession of the property to the respondent / decree holder. The learned counsel for the respondent / decree holder would submit that the suit is of the year 2005, therefore, longer time should not be granted.

3. Considering the submissions of both the counsels, I am of the considered opinion that the appellant should be given time till 30.04.2021. The appellant is granted time to vacate and handover possession to the respondent / decree holder on or before 30.04.2021. The appellant shall also file an affidavit undertaking to vacate and handover possession by 1/4

30.04.2021. Such an affidavit shall be filed on or before 09.12.2020. If the affidavit is not filed by 09.12.2020, the decree holder / respondent would be at liberty to execute the decree as if no time has been granted. 18.11.2020 kkn 2/4

R.SUBRAMANIAN, J.

KKN 3/4

18.11.2020 4/4