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Madras High CourtCRP/883/2025disposed of

R.P.R.Raghavan (Died) , R.Ponraj Ashok v. S.Narasimhan

2025-04-29Honourable Mr Justice A.D.Jagadish Chandira9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and CMP No.5156 of 2025 R.P.R.Raghavan (Died) ,

1. R.Ponraj Ashok Petitioner Vs

1. S.Narasimhan Respondent PRAYER Petition filed under Section 227 of the Constitution of India, seeking to setting aside the order and decretal Order dated 14.11.2024 in IA No. 1 of 2024 in RCA No. 12 of 2021 on the file of the Honourable Subordinate Judge, Alandur and allow this CRP and thus render justice. For Petitioner(s):

Mr. Kavin Bharathan For Respondent(s):

M/s.C.T.Murugappan, Mr. Adarsh Ramanujan, and Mr. R.Siva, for sole respondent

ORDER

This Civil Revision Petition has been filed seeking to set aside the order and decreetal order dated 14.11.2024 in I.A.No.1 of 2024 in R.C.A.No.12 of 2021 on the file of the learned Subordinate Judge, Alandur and allow this Civil Revision Petition.

2. The brief facts of the case are as follows: (i) The petitioner is a tenant. The respondent had filed a petition under Section 10(2)(i) and 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 in R.C.O.P.No.9 of 2010 before the learned Principal District Munsif Court, Alandur, and by order dated 01.08.20216. Against which, the petitioner preferred R.C.A.No.15 of 2016 before the Sub-Court, Tambaram and later it was transferred and re-numbered as R.C.A.No.12 of 2021 on the file of the Subordinate Court at Alandur. The R.C.A.No.12 of 2021 was dismissed by confirming the order passed in RCOP. No.9 of 2010 dated 01.08.2016 of the Principal District Munsif, Alandur.

(ii) Meanwhile, the respondent/landlord filed the Execution Petition in E.P.No.98 of 2016, filed under Order XXI Rule 35 of Civil Procedure Code, 1908, before the Principal District Munsif, Alandur, which was ordered on 01.02.2025, directing the respondent to handover the vacant possession of the petitioner property to the decree holder by 05.03.2025. (iii) In the meantime, the petitioner had filed an application in I.A.No.1 of 2024 in R.C.A.No.12 of 2021, under Order XLVII Rule 1 r/w Section 151 of

CPC., and Rule 11 of the TNBLR Rule, 1960 with a prayed to review the order passed in R.C.A.No.12 of 2021 dated 21.11.2022. The learned Judge, by order dated 14.11.2024 had dismissed the application. Against which, the present Civil Revision Petition has been filed.

3. Learned counsel for the petitioner would submit that the petitioner is a tenant and without going into the merits of the case, he has filed an affidavit of undertaking dated 29.04.2025 before this Court undertaking to vacate and handover the premises on or before 31.07.2025 and he would submit that the civil revision may be disposed of as per the terms of the affidavit of undertaking.

4. Mr. C. T. Murugappan, learned counsel appearing for the respondent would submit that revision is not maintainable and it has been filed only for the purpose of protracting the execution proceedings. However, he would submit that taking into consideration of the affidavit of undertaking filed by the petitioner, the revision may be disposed of, directing the petitioner to vacate the premises and handover the premises on or before 31.07.2025.

5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record, including the affidavit of undertaking dated 29.04.2025 filed by the petitioner. The said affidavit of undertaking is extracted hereunder:-

6. Taking into consideration the Affidavit of Undertaking dated 29.04.2025 filed by the petitioner and recording the submissions made by the learned counsel on both sides, this Civil Revision Petition is disposed of with a direction to the petitioner to vacate and handover the possession of the premises to the respondent on or before 31.07.2025.

7. The Affidavit of Undertaking dated 29.04.2025 filed by the petitioners shall form part of the Court records. Consequently, the connected miscellaneous petition is also closed. No costs.

29-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes klt To The Subordinate Court, Alandur.

A.D.JAGADISH CHANDIRA J.

klt and CMP No.5156 of 2025 29-04-2025