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Madras High CourtSA/631/2024disposed of

K.K.Thirumurugan v. R.Gayathri Ramachandran

2024-09-11Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI SA. No. 631 of 2024 K.K.Thirumurugan ... Appellant Vs.

R.Gayathri Ramachandran ..Respondent PRAYER : This Second appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree passed in AS No. 324 of 2023 dated 28.03.2024 by the learned I Additional City Civil Court, Chennai, reversing OS No. 4224 of 2022 dated 12.10.2023 by the learned XX Assistant City Civil Judge, Chennai.

For Appellant : Mr.V.Ramamurthy

JUDGMENT

This second appeal has been filed to set aside the judgment and decree passed in AS No. 324 of 2023 dated 28.03.2024 by the learned I Additional City Civil Court, Chennai, reversing OS No. 4224 of 2022 dated 12.10.2023 by the learned XX Assistant City Civil Judge, Chennai.

2. The learned counsel for the appellant/tenant submits that while disposing the first appeal in the month of March 2024 there was a terms of compromise arrived between the appellant/tenant and the respondent, in which, the appellant agreed to hand over the possession to the respondent on or before 16.08.2024 and also agreed to pay a sum of Rs.10,000/- as arrears. Now, challenging the said findings the appellant preferred this second appeal. Further she submits that, the appellant is constructing building hence seeks further time to hand over the vacant possession.

3. Considering the above, this Court is inclined to grant further six months time to vacate the premises and the appellant is directed to pay a sum of Rs.20,500/- as rent from the month of March 2024 till handing over the vacant possession of suit schedule property. If the appellant failed to

hand over the vacant possession within the above said period, this Court will reopen the matter. Accordingly, this second appeal is disposed of. No Costs. Consequentially, connected miscellaneous petition is closed. 11.09.2024 pbl To 1.The Section Officer, V.R Section.

T.V.THAMILSELVI,J.

Pbl & CMP No. 20124 of 2024 11.09.2024