Himmatmal Dhanraj v. K.Shiv Chand

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and CMP No.12531 of 2025 Himmatmal Dhanraj ...

Petitioner Vs.

K. Shiv Chand ... Respondent Prayer : Civil Revision petition has been filed under Section 227 of Constitution of India to set aside the order of delivery dated 16.04.2025 made in E.P.No.65 of 2025 on the file of the learned XIV Judge, Small Causes Court, Chennai.

For Petitioner :

Mr. Samir S.Shah for M/s.Shah and Shah For Respondent :

Mr. C. Jayavel

ORDER

1/4

Challenge has been made against the order of delivery passed by the Executing Court in E.P.No.65 of 2025 dated 16.04.2025.

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 31.10.2025.

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

4. Accordingly, the revision petitioner shall vacate the premises on or before 31.10.2025 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 October 2025. Thereafter, in the event, the petitioner vacated the premises, the Execution Petition shall be terminated. Otherwise, the Execution 2/4

Petition shall be continued.

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

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

N. SATHISH KUMAR, J.

mrp .

16.06.2025 4/4