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Madras High CourtCRP/1925/2025disposed of

Amritial Agarwal v. Ashalatha Sidney Ponniah

2025-06-16Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and CMP No.10996 of 2025 Amritial Agarwal ...

Petitioner Vs.

Ashalatha Sidney Ponniah ... Respondent Prayer : Civil Revision petition has been filed under Section 115 of CPC to set aside the order and decreetal order passed by the Hon'ble XI Small Causes Court, Chennai dated 02.04.2025 made in E.P.No.675 of 2024 in RLTOP No.134 of 2024.

For Petitioner :

Mr. T. Gowthaman, Sr. Counsel Assisted by Mr.B.Srujana, counsel for the petitioner.

For Respondent :

Mr. A.Velmurugan 1/4

ORDER

Challenge has been made against the order of delivery passed by the Executing Court in E.P.No.675 of 2024 dated 02.04.2025.

2. When the Civil Revision Petition is taken up today, the learned counsel appearing for the petitioner filed an undertaking affidavit filed by the revision petitioner stating that they will vacate the premises on or before 31.12.2025.

3. The undertaking affidavit filed by the revision petitioner is taken on record.

4. The learned counsel for the respondent would submit that six months time is too long and 3 months time may be granted to vacate the premises.

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5. Considering the fact that appeal is still pending and no stay was granted, this Court is inclined to accept the affidavit and extend the time.

6. Accordingly, the revision petitioner shall vacate the premises on or before 31.12.2025 and till such time they shall continue to pay the rent. It is made clear that in the event of any violation of the undertaking given before this Court, the revision petitioner will be proceeded for contempt. The trial Court shall keep in abeyance the Execution proceedings till December 2025. Thereafter, in the event, the petitioner vacated the premises, the Execution Petition shall be terminated. Otherwise, the Execution Petition shall be continued.

7. With the above directions, this Civil Revision Petition is disposed of. No costs.

16.06.2025 mrp To The XI Small Causes Court, Chennai 3/4

N. SATHISH KUMAR, J.

mrp .

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