N.Shanmugam v. C.Gowtham Chand Jain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.968 of 2025 & CMP.No.5570 of 2025 N.Shanmugam ... Petitioner Vs.

C.Gowtham Chand Jail ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 13.12.2024 passed in I.A.No.3 of 2024 in O.S.No.4200 of 2024 on the file of the XIX Additional Judge, City Civil Court, Chennai.

For Petitioner : Mr.N.Sivaprakash For Respondent : Mr.G.Renganathan

ORDER

The Civil Revision Petition has been filed to set aside the fair and decreetal order dated 13.12.2024 passed in I.A.No.3 of 2024 in O.S.No.4200 of 2024 on the file of the XIX Additional Judge, City Civil Court, Chennai.

1/4

2.Heard the learned counsel on either side.

3.Pursuant to my order dated 30.06.2025, the learned counsel for the respondent has today filed an affidavit of Mr.G.Deepak, son of the respondent. In the said affidavit, the said G.Deepak has undertaken not to encumber the suit property till disposal of the suit in O.S.No.4200 of 2024 on the file of the XIX Additional City Civil Court, Chennai. 4.Recording the said undertaking the respondent and his son, the Civil Revision Petition is allowed and the order dated 13.12.2024 passed in I.A.No.3 of 2024 in O.S.No.4200 of 2024 on the file of the XIX Additional Judge, City Civil Court, Chennai, is set aside. A direction is given to the XIX Additional Judge, City Civil Court, Chennai, to dispose of the suit, without being influenced or prejudiced by any of the observations made in the impugned order, within a period of nine months from the date of receipt of a copy of this order. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

07.07.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata 2/4

To The XIX Additional Judge, City Civil Court, Chennai. 3/4

P.B. BALAJI,J.

ata CRP.No.968 of 2025 & CMP.No.5570 of 2025 07.07.2025 4/4