Madras High CourtCRP/917/2025disposed of

K. Balasubramaniam v. Sri Vinayagar Finance

2025-04-28Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRP. No. 917 of 2025 and CMP.No.5308 of 2025

1. K.Balasubramaniam

2. K. Rajasekar

3. R.Kamalam

4. K.Unnamalai ... Petitioners

Versus

1. Sri Vinayagar Finance, Namakkal, Rep. By its Managing Partner, N.K.Natarajan, Door No.61, Main Road, Namakkal Town.

2. K.Arunachalam ... Respondents [the cause title was amended vide Order dated 28.04.2025 in CMP.No.9872 of 2025] PRAYER Petition is filed under Section 115 of the Civil Procedure Code, 1908, seeking to set aside the fair and decreetal order of the Additional District Munsif at Namakkal dated 14.02.2025 in R.E.P.No.53 of 2022 in H.R.C.O.P.No.7 of 2010.

For Petitioner : Mr.P.Valliappan, Senior Advocate for M/s. PV Law Associates For R1 : Mr. Sam Jayaraj Houston, Mr. H.Shabeer Ali for M/s. Sarvabhauman Associates

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order of the Additional District Munsif at Namakkal dated 14.02.2025 in R.E.P.No.53 of 2022 in H.R.C.O.P.No.7 of 2010.

2. Today, when the matter came up for hearing, both parties and their respective counsel were present before this Court. The learned Senior Counsel appearing for the petitioners submitted that the petitioners are intending to vacate and handover the premises to the respondent/landlord on or before 31.07.2025. They have also filed an Affidavit of Undertaking dated 28.04.2025, to that effect. He also prayed that this civil revision petition may be disposed based on the undertaking given by the petitioners.

3. Learned counsel appearing for the respondents has no objection to withdraw the amount deposited by the petitioners before the Rent Controller Authority. The first respondent/landlord, has also made an endorsement in the affidavit of undertaking dated 28.04.2025 with regard to the same.

4. Heard both sides and perused the materials available on record, including the Affidavit of Undertaking. The said affidavit of undertaking dated 28.04.2025 filed by the first petitioner on behalf of other petitioners is taken on record, and the same is extracted hereunder:-

5. Taking into consideration the affidavit of undertaking dated 28.04.2025 filed by the petitioners and the endorsement made by the respondent/landlord in the affidavit of undertaking, this Civil Revision Petition stands disposed of with a direction to the petitioners to vacate and hand over the premises to the first respondent/landlord on or before 31.07.2025.

6. The Affidavit of Undertaking dated 28.04.2025 filed by the petitioners shall form part of the Court records. Consequently, the connected miscellaneous petition is also closed. No costs.

28-04-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes klt To 1.The Additional District Munsif Court, Namakkal. 2.The Section Officer, V.R. Section, High Court, Madras.

A.D.JAGADISH CHANDIRA, J.

klt CRP. No. 917 of 2025 and CMP.No.5308 of 2025 28.04.2025 (2/2)