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Madras High CourtCRP/2426/2025disposed of

T.Mohandas v. K.Sivanandhan

2025-06-24Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR CRP(NPD) No.2426 of 2025 and CMP No.13936 of 2025 T. Mohandas ...

Petitioner Vs.

1. K. Sivanandhan

2. Nadeemsait ... Respondents Prayer : Civil Revision petition has been filed under Article 227 of the Constitution of India to set aside the order and decreetal order dated 30.04.2025, made in RLTRA No.2 of 2024 confirming RLTOP No.1 of 2021 order dated 30.08.2024 on the file of the learned District Judge at Udhagamandalam.

For Petitioner :

Mr. M. Rajasekar

ORDER

Challenge has been made to set aside the order and decreetal order made in RLTRA No.2 of 2024 dated 30.04.2025.

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2. When the matter came for admission itself, finding the merits, this Court is not willing to entertain the revision.

3. At this stage, the learned counsel appearing for the petitioner filed an affidavit of undertaking filed by the revision petitioner stating that he will vacate the premises on or before 31.12.2025. He had also stated in the affidavit that he will pay the admitted rent to the respondents till then, without any default.

4. The respondent has not been served any notice.

5. The learned counsel appearing for the petitioner would submit that taking note of the delay that may occur in further course, instead of relegating the parties to the executing Court, undertaking affidavit filed by the petitioner may be accepted and taken on record.

6. The undertaking affidavit filed by the revision petitioner is taken on record and the same is accepted.

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7. Accordingly, the revision petitioner shall vacate the premises on or before 31.12.2025 and till such time, he 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 Petition 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.

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

24.06.2025 mrp To

1. The District Judge, Udhagamandalam, Nilgiris District. 3/4

N. SATHISH KUMAR, J.

mrp .

CRP No.2426 of 2025 24.06.2025 4/4