A.Azizul Karim v. P.S.Kirubakaran And Another

A. No.4105 of 2024 in C.S.No.212 of 2017 A.A. NAKKIRAN, J This application has been filed seeking for to allow the applicant to take his vehicles ie. one Maruti Suzuki car having registration No. TN-04-AW-7855, one Hyundai car having registration No. TN-04AX-1919 and one TVS Two-wheeler bearing registration No. TN-04-AN6932 in the suit schedule premises for repair and service maintenance and pass orders accordingly.

2.The learned counsel for the applicant submits that as per the report filed by the Advocate Commissioner there are few vehicles belongs to the Applicant i.e., one Mahindra XYLO car having registration No. TN-04-AM-2995, one Maruti Suzuki car having registration No. TN-04AW-7855, one Hyundai car having registration No. TN-04-AX-1919 and one TVS Two-wheeler bearing registration No. TN-04-AN-6932 in the suit schedule premises along with other movable properties. 3.It has been further submitted by the learned counsel for the

applicant that among the above said vehicles, the said Maruti Suzuki car with registration No. TN-04-AW-7855, Hyundai car with registration No. TN-04-AX-1919 and TVS Two- wheeler with registration No. TN-04AN-6932 are in bad condition which are evident from the photographs filed along with the report of the Advocate Commissioner in A. No. 2833 of 2024. For the repair and service maintenance, the four vehicles may be permitted to take from the suit schedule property and further seeks an assurance from the respondent's side, while removing the vehicle, untoward incidents will not happen.

4.The learned counsel for the respondents submits that the applicant may be allowed to take the said vehicles kept in the suit schedule property. Further, he submits that the respondents are ready to provide access to remove all the vehicles and assures that the respondents will not indulge in any untoward incidents during the removing of said vehicles.

5. Heard both sides and perused the materials available on

records.

6. Having considered the facts and circumstances of the case and recording the submission made by the learned counsel for both sides, after providing the access, the applicant is hereby directed to remove the four vehicles within a period of one week from the suit schedule property. At the time of removal of the said vehicles, both parties shall co-operate each other.

7. With the aforesaid direction, the application stands allowed. 10.09.2024 Lbm A.A. NAKKIRAN, J

Lbm A. No.4105 of 2024 in C.S.No.212 of 2017 10.09.2024