Madras High CourtCMP(MD)/9336/2017withdrawn dismissed

Milan Readymade Shop, Thro Its v. S.P.S.Selvaraj,

2018-01-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of January Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.9336 of 2017 IN CRP(MD) No.2128 of 2015 MILAN READYMADE SHOP, THRORUGH ITS PARTNER LALJI VORA, S/O.G.K.VORA, (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 03.04.2017 MADE IN CMP(MD)NO.74/2017 IN CRP(MD)NO.2128/2015 BY GJJ) ... PETITIONER/PETITIONER Vs S.P.S.SELVARAJ, ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order extending a period of one year vacate and hand over possession to the respondent and thus render justice Prayer in CRP(MD). 2128/ 2015 :

To call for records and set aside the fair and executable order dated 01.07.2015 passed in RCA.No.1/2015 by the Principal Subordinate Judge cum Rent Cotrol Appellate Authority of Madurai confirming the order dated 24.11.2014 passed in RCOP.No.38/2010 on the file of the Principal District Munsif cum Rent Controller of Madurai Town and thus allow this Civil Revision Petition. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.J.BARATHAN, Advocate for the petitioner and of MR.T.C.S.THILLAINAYAGAM for caveator for the Respondent the court made the following order:- This petition has been filed seeking to pass an order extending a period of one year to vacate and hand over the possession to the respondent.

2. It is stated by the learned counsel for the respondent that this Court by order dated 12.07.2017 directed the petitioner-tenant to vacate and hand over the possession within three months from today. Thereafter, the said period was extended upto 01.01.2018, based on the undertaking given by the petitioner in CMP No.9336 of https://hcservices.ecourts.gov.in/hcservices/

2017, which is also now over. Till date, they have not complied with the order of this Court.

3. At this juncture, the learned counsel for the petitioner seeks permission of this Court, to withdraw the Civil Miscellaneous Petition and he has also made an endorsement to that effect. 4.In view of the endorsement made, this Civil Miscellaneous Petition is dismissed as withdrawn.

sd/- 24/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE CUM RENT CONTROL APPELLATE AUTHORITY, MADURAI.

+1. C.C. to M/S.T.R.JEYAPALAM Advocate SR.No.1296 GJM/RR/SAR-2-1.2.18-2P-3C

ORDER

IN CMP(MD) No.9336 of 2017 IN CRP(MD) No.2128 of 2015 Date :24/01/2018 https://hcservices.ecourts.gov.in/hcservices/