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Madras High CourtCRP/2729/2024disposed of

Jubiee Parasini v. Deepak Ranka

2024-08-13Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Jubiee Parasini ... Petitioner vs Deepak Ranka ... Respondent Prayer: Petition filed under Article 227 of the Constitution of India against the judgment and decree dated 29.04.2024 passed in RLTA No.85 of 2022 by the learned XXVIII Additional Judge, City Civil Court at Chennai confirming the fair and decretal order passed in RLTOP No.532 of 2020 dated 01.04.2022 on the file of the learned XVI Judge, Court of Small Causes at Chennai.

For petitioner : Mr.Ashok Menon For respondent : Mr.D.Kumaralingam

ORDER

This revision petition has been filed against the judgment and decree dated 29.04.2024 passed by the learned XXVIII Additional Judge, City Civil Court at Chennai in RLTA No.85 of 2022 confirming the fair and decretal 1/4

order dated 01.04.2022 passed by the learned XVI Judge, Court of Small Causes at Chennai in RLTOP No.532 of 202.

2.The learned Trial Judge, by judgment and decree dated 01.04.2022 in RLTOP. No.532 of 2020 directed the petitioner to vacate and hand over the vacant possession of the petition premises to the respondent/applicant within one month from the date of the said order. Aggrieved by the same, the petitioner has filed RLTA. No.85 of 2022 before the learned XVIII Additional Judge, City Civil Court, Chennai. By judgment and decree dated 29.04.2024, the learned Appellate Judge has confirmed the order passed by the learned Trial Judge and dismissed the appeal filed by the petitioner. As against the said dismissal order, the petitioner has filed this revision petition. 3.When the matter is taken up for hearing today, an affidavit of Undertaking dated 08.08.2024 has been filed by the petitioner stating that the petitioner undertakes to vacate the petition premises, namely, Tea Shop to an extent of 100 sq.ft. in the ground floor of premises at New Door No.87, Melpatti Ponnappa Mudali Street, Perambur, Chennai - 600 011 on or 2/4

before 15.12.2024.

4.Learned counsel for the respondent has also agreed to the said affidavit of undertaking given by the petitioner. 5.Both the learned counsel would also submit that in view of the above undertaking given by the petitioner, this revision petition may be disposed of.

6.In view of the above affidavit dated 08.08.2024 filed by the petitioner undertaking to vacate the petition premises, namely, Tea Shop to an extent of 100 sq.ft. in the ground floor of premises at New Door No.87, Melpatti Ponnappa Mudali Street, Perambur, Chennai - 600 011 on or before 15.12.2024 and also taking into consideration the fact that the learned counsel for both sides have sought for disposal of this revision, this revision petition is disposed of. Consequently, connected C.M.P. is closed. 3/4

A.D.JAGADISH CHANDIRA, J.

vga 7.The affidavit of undertaking dated 08.08.2024 filed by the petitioner shall form part of the Court records. No costs. 13.08.2024 vga To 1.The XXVIII Additional Judge, City Civil Court at Chennai.

2.The XVI Judge, Court of Small Causes at Chennai 4/4