Madras High CourtCMP(MD)/5220/2023canceled

L.Rajesh Kumar v. Ida

2023-04-25Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Ms.Justice P.T.ASHA CMP(MD) No.5220 of 2023 in CRP(MD) No.1199 of 2019 1 L.RAJESH KUMAR 2 L.SIVAKUMAR 3 N.NAGAMMAL ... PETITIONERS/1 TO 3rd RESPONDENTS/ RESPONDENTS 1 TO 3 Vs 1 IDA ... 1st RESPONDENT/PETITIONER/ PETITIONER 2 R.KAMARAJ ... 2nd RESPONDENT/4th RESPONDENT/ 4th RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to clarify the order in CMP(MD)No.1634 of 2023 in CRP (MD). No.1199 of 2019 dated 20-02-2023.

Prayer in CRP(MD). 1199/ 2019 :

To Call for the records relating to the Fair and decreetal order of delivery passed by the Principal District Munsif Padmanabhapuram in E.P. No.16 of 2019 RCOP No.1 of 2017 dated 27.6.2019 and set aside the same.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.NIRANJAN S. KUMAR, Advocate for the petitioners, the Court made the following order:- This petition is filed to clarify the order dated 20.02.2023 passed in C.M.P.(MD) No.1634 of 2023 in C.R.P.(MD) No.1199 of 2019.

2. In the light of the order of this Court dated 31.01.2022, no further orders are required in this petition. In the above order, it was made clear that even if there is a month's default in the payment of monthly rent, the landlord can proceed with the https://www.mhc.tn.gov.in/judis

execution. Thereafter, the tenant had sought for an extension of time and this Court by order dated 20.02.2023, had extended the time for vacating the premises till 30.04.2023 and it was made clear that no further extension would be granted and the keys should be handed over to the landlord. It was also made clear that in case, the keys were not handed over, the landlord could immediately take steps to take over delivery of possession.

3. It is informed that the execution petition is posted today before the Principal District Munsif, Padmanabhapuram. Therefore, a direction is issued to the Executing Court to pass an order today that "in the event of the tenant not vacating the premises by the end of 30th April, 2023, delivery will be ordered along with police protection to evict the tenant."

sd/- 25/04/2023 / TRUE COPY / 25/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ABR TO THE PRINCIPAL DISTRICT MUNSIF, PADMANABHAPURAM.

ORDER

IN CMP(MD) No.5220 of 2023 in CRP(MD) No.1199 of 2019 Date :25/04/2023 SS/VR/SAR /25/04/2023/2P/2C https://www.mhc.tn.gov.in/judis