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Madras High CourtCRP(MD)/283/2024disposed of

Claster Rex v. Annline Nirmala

2024-02-23Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD)No. 1306 of 2024 Claster Rex

...Petitioner

Vs.

Annline Nirmala ....Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed in R.C.A.No.3 of 2022 on the file of the Principal Subordinate Judge, Nagercoil, dated 21.09.2023, confirming the order passed in R.C.O.P.No.4 of 2017 on the file of the Rent Controller, Ist Additional District Munsif Court, Nagercoil dated 23.03.2022 and allow the present Civil Revision Petition.

For Petitioner : Mr. R.J.Karthick For Respondent : Mr. P.T.Ramesh Raja 1/4

O R D E R

This Civil Revision Petition is filed to set aside the order passed in R.C.A.No.3 of 2022 on the file of the Principal Subordinate Judge, Nagercoil, dated 21.09.2023, confirming the order passed in R.C.O.P.No.4 of 2017 on the file of the Rent Controller, Ist Additional District Munsif Court, Nagercoil dated 23.03.2022 and allow the present Civil Revision Petition.

2. It is stated that, an execution petition in E.P.No.17 of 2022 was filed by the respondent herein and in that petition, the petitioner appears to have given an undertaking that he will vacate the premises at the time of returning the advance amount. But after that only this revision petition came to be filed.

3. Learned counsel for the petitioner submitted that he may require a period of one year for vacate the premises, since he is running a Bakery. For which the respondent is not willing. 2/4

4. This Court is not inclined to go in the facts. Before the E.P. Court, an undertaking was filed by the petitioner herein with regard to the return of the advance amount and hand over the premises. So they can work out the issue before the E.P. Court itself. I find no reason to entertain this petition.

5. With this observation, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To

1. The Principal Subordinate Judge, Nagercoil.

2. Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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G. ILANGOVAN, J.

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