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Madras High CourtCRP/1201/2024dismissed

A.P.Nagaraj v. D.Mani

2024-11-28Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN A.P.Nagaraj .. Petitioner

Versus

1.D.Mani 2.P.Selvam .. Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the docket order dated 19.01.2024 and direct the XI Small Causes Court, Chennai to re-mark the Ex.R3 (Lease deed dated 01.07.2006).

For Petitioner : Mr.V.Anilkumar For Respondent 1 : Mr.R.Thiagarajan For Respondent 2 : No appearance

ORDER

When the revision was taken up for arguments, I heard Mr.V.Anil Kumar for the petitioner and Mr.R.Thiagarajan for the first respondent. 1/4

2. Mr.V.Anil Kumar stated that if the amount of Rs.1,90,000/- is returned by the first respondent to the civil revision petitioner in terms of the lease deed that had been entered into by one Mr.S.Govind, power of attorney of the respondent, the petitioner will be willing to vacate and hand over possession. Hence, the matter was adjourned to enable Mr.V.Anil Kumar to file an affidavit of undertaking.

3. Mr.V.Anil Kumar has filed an affidavit of undertaking today stating that he will vacate and hand over possession on or before 30.01.2025 subject to the payment of Rs.1,90,000/-. It also states that the petitioner will hand over possession of Flat No.G-2, "Anandham Enclave", Ground Floor, Plot No.2, Indira Gandhi II Cross Street, Avvai Nagar, Choolaimedu, Chennai.

4. The affidavit of undertaking has been served on Ms.Vasudha Thiagarajan, who represents the respondent. She has no objection for the time being granted to hand over possession. She states that the first respondent will return the amount of Rs.1,90,000/-, the day the petitioner hands over the keys of the property.

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5. The statement of both counsels and affidavit of undertaking is recorded. Accordingly, this civil revision petition is ordered in terms of affidavit of undertaking.

Call this revision on 30.01.2025 to report compliance. 28.11.2024 nl Index : yes/no Speaking order/Non-speaking order : yes/no To The XI Small Causes Court, Chennai 3/4

V.LAKSHMINARAYANAN, J.

nl 28.11.2024 4/4