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Madras High CourtCRP/2207/2014disposed of

Mr.Vaidhyanathaswamy v. Mr.Arulprakasam

2018-12-07Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.12.2018

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.R.P.(NPD).No.2207 of 2014 and M.P.No.1 of 2014 Vaidhyanathaswamy ...

Petitioner Vs.

1.Arulprakasam 2.Kannan 3.A.B.Jayapal 4.Saraswathi 5.Latha 6.Santha 7.Murugan 8.Madan Raja Matha 9.Chandrasekaran 10.Gunasekaran 11.Amar Jothi 12.Bala 13.Srinivasan 14.Sivaprasakam 15.Devakumar 16.Thilagavathy 17.Kanagangi 18.Sivaraman 19.Selvathi ...

Respondents Prayer :- The Civil Revision Petition has been filed under Section 115 of CPC against the order dated 07.04.2011 passed in E.P.No.11 of 2010 in O.S.No. 24 of 2002 on the file of the Sub-Court, Chidambaram.

For Petitioner : Mr.D.Nandagopal For Respondent : Mr.S.Saravanakumar Nos.1 to 3, 5 to 8 10,11,13,16 to 19

ORDER

The petitioner is the 5th defendant/judgment debtor in the execution petition. He has challenged the order dated 07.04.2011 passed in E.P.No.11 of 2010 in O.S.No.24 of 2002. In the final decree dated 30.04.2008, the properties were allotted to the respondents as well as the petitioner. The petitioner is in possession of one of the properties, which has now been allotted to the first respondent, under the final decree. The petitioner has now undertaken to vacate the property within a period of four months. The petitioner, who is personally present before this Court today, has also made an endorsement to that effect in the Court bundle. The respondent has also not raised any serious objection for the same.

2. Recording the submissions made by the respective counsels and the undertaking given by the petitioner, this Court directs the petitioner to vacate Item No.1 in the suit schedule property and hand over possession of the same to the first respondent within a period of four months from the date of receipt of a copy of this Order. On taking delivery of the property from the petitioner, the first respondent is permitted to demolish the building.

3. In terms of the above directions given by this Court, by consent of both the parties, the instant Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No Internet : Yes / No 07.12.2018 sms To The Sub-Court, Chidambaram

ABDUL QUDDHOSE,J.

sms C.R.P.(NPD).No.2207 of 2014 and M.P.No.1 of 2014 07.12.2018