Madras High CourtCRP(MD)/1040/2022dismissed

S.S.Ravindran, v. Sairam,

2022-05-05Honourable Mr Justice D.Bharatha Chakravarthy2 pages

C.R.P.(MD).No.1040 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P.(MD).No.1040 of 2022 and C.M.P(MD) No.4166 of 2022 S.S.Ravindran ... Petitioner/Tenant vs.

Sairam ... Respondent/Land Lord PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order passed by the learned Additional District Munsif Court, Dindigul dated 10.03.2022 made in E.A.No.82 of 2021 in E.P.No.36 of 2018 in R.C.O.P.No.4 of 2010. For Petitioner : Mr.A.Chandrakumar

O R D E R

This Civil Revision Petition is filed by the petitioner, who is a tenant, aggrieved by the order dated 10.03.2022 thereby dismissing the E.A.No.82 of 2021 filed to re-open the proceedings in E.P.No.36 of 2018 in R.C.O.P.No.4 of 2010.

2. After perusal of the records of this case, when this Court was not inclined to accept any of the contentions of the petitioner and was of the opinion that the execution application itself was frivolous in nature, upon instructions from the petitioner, the learned counsel submits that if sufficient time is granted to the petitioner, the petitioner would vacate the premises and prayed for six months time from today.

3. In view of the said undertaking, I am inclined to dispose of the Civil Revision Petition on the following terms: (i) the Civil Revision Petition No.1040 of 2022 is dismissed. (ii) In the event of the petitioner filing an affidavit before this Court within one week from today undertaking to vacate the premises on or before 31.10.2022, time shall be extended for vacating the premises up to 31.10.2022. It is made clear that in https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.1040 of 2022 the event, if the affidavit is not filed before this Court, the trial Court is requested to proceed further in the matter in accordance with law. There will be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) akv/ebsi To The Additional District Munsif, Dindigul.

(Copy of the Undertaking Affidavit is enclosed) +1 CC to M/s.A. CHANDRAKUMAR, Advocate ( SR-23487[F] dated 06/05/2022 ) C.R.P.(MD).No.1040 of 2022 05.05.2022 KM(CO) GC(11.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2