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Madras High CourtCMP/18659/2021ordered

P.Janarthanan (Deceased) v. R.M.Gopal

2022-01-10Honourable Ms.Justice V.M.Velumani4 pages

C.M.P.No.18659 of 2021 in C.R.P.(NPD)No.339 of 2013 V.M.VELUMANI, J.

(The matter is heard through 'video conferencing') At the time of admission, this Court, by the order dated 07.02.2013 made in M.P.No.1 of 2013, granted interim stay of the impugned order in the Civil Revision Petition, on condition that the tenant pays the monthly rent to the landlord at the rate of Rs.1,000/- from the date of filing R.C.O.P., upto 07.02.2013 and continue to pay thereafter, within a period of four weeks from the date of receipt of a copy of that order. Subsequently, the Civil Revision Petition was dismissed as abated. In C.M.P.No.18659 of 2021, filed for condoning the delay in filing the petition to restore the Civil Revision Petition, this Court passed a conditional order that the petitioners pay a sum of Rs.60,000/- by way of Demand Draft to the respondent within a week. 2.Today, the learned counsel appearing for the petitioners submitted that he has sent two Demand Drafts for Rs.40,000/- and Rs.20,000/- on 04.01.2022. On 04.01.2022, the Bailiff went to the suit 1/4

premises and threatened the petitioners to vacate and handover the petition premises and kept the petition premises under lock and seal and handed over the key to the respondent. This Court informed Mr.T.Dhanyakumar, learned counsel appearing for the respondent, not to insist Execution Proceedings before the Execution Court. The learned counsel appearing for the respondent submitted that the respondent has not insisted for proceeding with the E.P. and the respondent has received the two Demand Drafts on 07.01.2022. In view of the above, the learned Judge is directed not to record delivery till disposal of the above Civil Revision Petition.

3.In view of the above, this Civil Miscellaneous Petition is ordered and delay is condoned. The Registry is directed to number the petition filed to restore the Civil Revision Petition and list the matter on 12.01.2022.

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V.M.VELUMANI, J.

gsa C.R.P.(NPD)No.339 of 2013 10.01.2022 4/4