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Madras High CourtCRP/3371/2024disposed of

J.S.Ratnakumar v. K.Kuppamma

2024-08-20Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.18102 of 2024 J.S.Ratna Kumar ... Petitioner Vs

1. K.Kuppamma

2. Premchand Ankam

3. Parthav Ankam

4. Lakshmi V Ratna Babu ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, pleased to call for the records relating to the proceedings dated 13.02.2024 in R.L.T.A. No.22 of 2023 on the file of the XV Additional City Civil Court, Chennai, confirming the order passed by the X Small Causes Court, Chennai in RLTOP No.191 of 2022 dated 02.12.2022 and set aside the same. For Petitioner :

Mr.M.Devaraj For Respondent :

Mr.V.V.Ravichandran 1 / 6

O R D E R

This Civil Revision Petition has been filed against the order dated 13.02.2024 passed by the XV Additional City Civil Court, Chennai, in R.L.T.A.No.22 of 2023, confirming the order passed by the X Small Causes Court, Chennai in RLTOP No.191 of 2022 dated 02.12.2022.

2. The petitioner is a tenant at the respondents's premises located at D.No.16, Plot No.442, LIG, 3rd Link Road, Mahakavi Bharathi Nagar, Vyasarpadi, Chennai - 600 039. The X Small Causes Court, Chennai, by an order dated 02.12.2022 in RLTOP No.191 of 2022 has ordered the eviction and directed the petitioner to vacate and hand over the vacant possession of the petition premises to the respondents within a month from 02.12.2022. Aggrieved over the same, the petitioner has filed an appeal in R.L.T.A.No.22 of 2023 before the XV Additional City Civil Court, Chennai and the learned Appellate Judge, by an order dated 13.02.2024 has confirmed the order passed by the learned trial Judge and dismissed the appeal. Therefore, the present revision petition has been filed against the dismissal orders.

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3. The learned counsel for the petitioner has filed an Affidavit of Undertaking before this Court, in which, the petitioner has stated that since he is taking treatment for aortic valve heart disease, Anemia and also undergoing blood transfusion periodically, he undertakes to vacate the respondents' premises and hand over the vacant possession of the same to the respondents on 31.10.2024.

4. The learned counsel for the respondents has also agreed to the said factum and both the counsel for the petitioner and the respondent submitted that in view of the undertaking given by the petitioner, this revision petition may be disposed of.

5. Taking into consideration the Affidavit dated 19.08.2024 filed by the petitioner and recording the submissions of the learned counsels on both sides, this Civil Revision Petition stands disposed of with a direction to the petitioner to vacate the premises and hand over the vacant possession of the premises to the respondents on or before 31.10.2024.

6. The Affidavit of Undertaking dated 19.08.2024 filed by the petitioner shall form part of the Court records. Consequently, the connected miscellaneous 3 / 6

petition is also closed. No costs.

7. Post the matter on 04.11.2024 'for reporting compliance'. 20.08.2024 Index : Yes / No ham 4 / 6

To

1. The XV Additional City Civil Court, Chennai,

2. The X Small Causes Court, Chennai.

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A.D.JAGADISH CHANDIRA, J.

ham and C.M.P.No.18102 of 2024 20.08.2024 6 / 6