Smt.Prem Kumbhat v. Vijay Nahar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM Original Side Appeal No. 369 of 2010

1. Smt. Prem Kumbhat

2. Smt. Shakunthala Kumbhat

3. Smt. Pushpa Kumbhat

4. Smt. Kesar Kumbhat

5. Smt. Madhu Kumbhat all represented by their Power Agent Mr. Shanthi Kumbhat ...Appellants/Defendants/ Respondents vs.

Vijay Nahar, Proprietor M/s. Overseas Incorporation Flat No.6A & 6B, Vandana Towers No.26, Haddows Road Chennai 600 006.

...Respondent/Applicant/

Plaintiff Prayer: Original Side Appeal filed under Order 36, Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 13.09.2010 passed by the learned Single Judge, in Application No. 154 of 2009 in C.S. No.377 of 2006 on the file of this Court.

For Appellants : Ms. J.B. Abitha Banu For Respondent : Mr. R. Parthasarathy https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(Delivered by The Hon'ble The Chief Justice) After making some arguments, learned counsel for the appellants seeks to withdraw the appeal. She has also made an endorsement to that effect.

2. The appeal is dismissed as withdrawn. However, since the impugned order has not been complied with by the appellants, at request of the learned counsel for the appellants, last opportunity is granted to comply with the impugned order by making five equal monthly deposits of the amount, the first such deposit is to be made on or before 30th June, 2015 and the successive monthly deposit accordingly before the end of each month. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ATR To The Sub Assistant Registrar, High Court, Madras.

1 CC to M/s. Satish Parasaran, Advocate SR.No. 27660 O.S.A. No. 369 of 2010 UG (CO) PSI (19.06.2015) https://hcservices.ecourts.gov.in/hcservices/