Madras High CourtCMP(MD)/9946/2016time extended

R.Natesan, v. R.Padmanaban,

2016-11-04Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.9946 of 2016 IN CMA(MD) No.276 of 2014 R.NATESAN, ... PETITIONER/APPELLANT Vs R.PADMANABAN, ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time granted by this Honourable Court in the above C.M.A.No.276 of 2014 dated 02.06.2016 for a period of six months Prayer in CMA(MD). 276/ 2014 :

To set aside the order passed in Arbitration OP.No.3/2012 dated 05.06.2013 on the file of the Principal District Judge, Tiruchirapalli and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.VINAYAK, Advocate for the petitioner and of MR.RAHUVARANGOPALAN Advocate for the Respondent the court made the following order:- The present petition in C.M.P.(MD)No.9946 of 2016 is filed to extend the time granted by this Court in the above C.M.A(MD).No.276 of 2014, dated 02.06.2016 for a period of six months. 2.This Court, passed a final order ,dated 02.06.2016 in C.M.A. (MD)No.276 of 2014 directing the appellant to hand over the possession of the house property within three months from the date of receipt of a copy of the order. But the appellant failed to hand over the possession within the time limit granted by this Court and the time limit expired on 06.10.2016.

Thereafter, the petitioner come out with the present petition seeking extension of time. 3.Today, the petitioner filed an affidavit of undertaking stating that he will vacate the property in dispute within six weeks from today and hand over the physical possession of the property to the respondent/R.Padmanabhan.

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4.The learned counsel appearing for the respondent also has no serious objection in granting six weeks time for handing over the possession.

5.In view of the affidavit filed by the petitioner, this Court is inclined to grant six weeks time from today to the petitioner to vacate the house property and hand over the physical possession of the property to the respondent Mr.R.Padmanabhan. 6.Accordingly, this petition ordered.

sd/- 04/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTIRCT JUDGE,TIRUCHIRAPPALLI +1CC to M/S.U.Niramalarani, Advocate Sr.No.66736 GJM/SS2/SAR-I-9.11.16-2P-3C

ORDER

IN CMP(MD) No.9946 of 2016 IN CMA(MD) No.276 of 2014 Date :04/11/2016 https://hcservices.ecourts.gov.in/hcservices/