Madras High CourtCRP(MD)/1873/2017disposed of

Balaji Vengadesan v. Krishnamurthi

2017-12-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRP(MD) No.1873 of 2017 BALAJI VENGADESAN ... PETITIONER/APPELLANT/ RESPONDENT Vs KRISHNAMURTHI REPRESENTED BY POWER AGENT SULAIMON ... RESPONDENT/RESPONDENT/ PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the Judgment and decree dated 21/06/2017 passed in R.C.A.No 45 of 2015 on the file of the Rent Control Appellate Tribunal, Madurai, Principal Subordinate Court, Madurai by setting aside the Judgment and Decree dated 09/01/2015 passed in R.C.O.P.No. 2 of 2011 on the file of Rent Controller Court, Madurai District Munsif Court, Madurai.

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.R.SARAVANAN, Advocate for the petitioner, and of Mr.M.VEILKANI RAJU, Advocate for the Respondent, the court made the following order:- The Civil Revision Petition has been filed against the judgment and decree dated 21.06.2017 in R.C.A.No.45 of 2015 on the file of the Rent Control Appellate Tribunal, Madurai, confirming the judgment and decree dated 09.01.2015 in R.C.O.P.No.2 of 2011 on the file of Rent Controller (District Munsif Court), Madurai.

2. The learned counsel appearing for the petitioner would submit that as the children are studying in 10th and 5th standard, he will vacate the premises on or before 30.07.2018 and he has also filed an affidavit to that effect, for which, the learned counsel for the respondent has also no objection.

3. Recording the affidavit, the petitioner is directed to vacate the premises on or before 30.07.2017 and if the petitioner does not vacate the premises on or before (*)30.07.2018, the learned https://hcservices.ecourts.gov.in/hcservices/

counsel for the respondent is at liberty to evict the petitioner without filing any formal Execution Petition. sd/- 15/12/2017 (*)Corrected order issued dated 24.01.2018 by JNBJ / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO BE SUBSTITUTED THE ORDER COPY ALREADY DEPATCHED. THE PRINCIPAL SUBORDINATE JUDGE (THE RENT CONTROL APPELLATE TRIBUNAL) MADURAI. 2 THE DISTRICT MUNSIF, (THE RENT CONTROLLER) MADURAI.

+1. C.C. to M/S.R.SARAVANAN Advocate SR.No.92956

ORDER

IN CRP(MD) No.1873 of 2017 Date :15/12/2017 MS/CM/SAR.3/28.12.2017/2P.4C PK/CM/SAR-2/29.01.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/