Gita v. Madhu Lunawath

C.M.P.Nos.9048, 9049, 9052, 9054, 8649 & 8651 of 2022 in O.S.A. No.141 of 2022 M.DURAISWAMY, J.

and SUNDER MOHAN, J (Order of the Court made by M.DURAISWAMY,J.) At the instance of learned counsel appearing for the respondents, the matter has been listed today under the caption "for being mentioned".

2. It is brought to the notice of this Court that in Paragraph No.5 of the order dated 19.07.2022, while directing the appellants not to prevent the respondents from using the passage by storing the construction materials in the passage, it has been wrongly mentioned as the "respondents shall not prevent the petitioners from using the passage by storing the construction materials in the passage". Page 1/4

3.Therefore, Mr.R.Thiagarajan, learned counsel appearing for the petitioners has no objection for amending the order dated 19.07.2022 as contended by the learned counsel for the respondents.

4. In view of the submissions made by the learned counsel on either side, the existing paragraph No.5 may be deleted and the following may be incorporated as paragraph Nos.5 and 6.

"5.The submission made by the learned counsel on either side is recorded . We make it clear that the appellants shall not prevent the respondents from using the passage by storing the construction materials in the passage. 6.Mr. S.S. Rajesh, learned counsel appearing for the appellants submitted that the appellants would remove the steel rods from the concerned passage within three days. " In other aspects, the order dated 19.07.2022 passed in the above Civil Miscellaneous Appeal shall remain unaltered.

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5. The Registry is directed to carry out the amendment and issue fresh copy of the order to the learned counsel on either side. [M.D., J.] [S.M., J.] 02.08.2022 Note : Issue order copy today itself Rj Page 3/4

M. DURAISWAMY, J.

and SUNDER MOHAN, J.

Rj 8649 & 8651 of 2022 in O.S.A. No.141 of 2022 02.08.2022 Page 4/4