Bhagya Shee Jayaraj v. M. Ashok Chand
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2024
CORAM
THE HON'BLE JUSTICE N.SATHISH KUMAR and C.M.P.No.26917 of 2024
1. Bhagya Shee Jayaraj
2. J.Mohan
3. J.Sumi ... Petitioners/Petitioners/Tenants -vs1. M.ASHOK CHAND
2. M.DHARAM CHAND
3. M.JAI CHAND
4. M.VIJAI CHAND S.Mothilal (since deceased) B.F.Leelabai (since deceased)
5. M.PUSHPALATHA ... Respondents/Respondents/Landlords K.Bujanga Rao (deceased)
6. SUMATHI B.RAO
7. NARAYANDASS
8. GANESHAN
9. FYZIL 10.A.K.CHINNAIAH 11.A.S.AZAM 12.A.S.ANWAR 13.SHAFIYULLA KHAN 14.A.S.ABDUL GANI 15.A.S.KURSHEETH 16.A.S.MOHAMMED ZAFARULLAH Rahima Bi (since deceased) 1/4
Ragavendra Rao (since deceased) 17.R.KUMAR 18.ARUN SINGH 19.SRI BALAJI 20.P.SAMUEL M.A.JAYARAJ (SINCE DECEASED) 21.MESSRS HEERAMUL GARDEN ROAD, UDHAGAMANDALAM 22.DR.RAVI THILAGARAJ 23.MANI ACHARI 24.BHOJAN 25.RADHAKRISHNAN 26.JAYALAKSHMI 27.BHARGAVI 28.SRI RAM 29.SRI KRISHNA ... Respondents/Respondents/Tenants 30.S.KANTHILAL 31.S.LALITHKUMAR 32.S.MAHAVEERCHAND 33.S.BALCHAND ASI BAI (SINCE DECEASED) 34.KAMMA BAI 35.MAGHA BAI 36.KAMALA BAI 37.S.SHANTHILAL ... Respondents/Respondents/Tenants 38.J.MINI 39.J.SHEELE ... Respondents/Respondents/Tenants Prayer: Civil Revision Petition filed under Section 115 of CPC to set aside the Decretal order dated 18.10.2024 made in E.P.No.43 of 2014 in R.C.O.P.No.34 of 1990 on the file of the Rent Controller, Udhagamandalam, The Nilgiris District.
For Petitioners :
Mr.S.Shanmugha Sundaram 2/4
For Mr.K.C.Karl Marx *****
O R D E R
This Civil Revision Petition has been filed, challenging the order dated 18.10.2024 of the Rent Court in E.P.No.43 of 2014 in R.C.O.P.No.34 of 1990, by which the Execution Petition filed by the Landlords was allowed.
2. When the matter is taken up for hearing, learned counsel for the revision petitioners has produced an affidavit of undertaking of one J.Mohan / 2nd petitioner herein, who is the son of late M.A.Jayaraj and the 1st petitioner herein. The 3rd petitioner is the sister of the 2nd petitioner. In the affidavit of undertaking, the 2nd revision petitioner sought time for vacating the premises by 31.05.2025.
3. The affidavit of undertaking filed by the 2nd petitioner is taken on record. This Court is not inclined to extend time till 31.05.2025. Time is granted only upto 30.04.2025 to surrender / hand over the vacant N.SATHISH KUMAR,J., 3/4
ar possession of the premises. Needless to state that there is no impediment for the Trial Court to execute the warrant after 30.04.2025. It is made clear that in case the revision petitioners refuse to vacate the premises on or before 30.04.2025, besides delivery by the Executing Court, the revision petitioners can also be proceeded with for violating the undertaking given by him before this Court under the provisions of the Contempt of Courts Act.
4. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 09.12.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order ar To:
The Rent Controller, Udhagamandalam, The Nilgiris District.
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