Madras High CourtCRP(MD)/2026/2021disposed of

Gumanaram Choudhry v. N.Balakrishnan

2022-01-21Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(NPD) (MD) No.2026 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(NPD) (MD) No.2026 of 2021 and C.M.P.(MD) No.10834 of 2021 Gumanaram Choudhry .. Petitioner/ Respondent/ Respondent -vsN.Balakrishnan .. Respondent/Petitioner/Petitioner Prayer :- Petition filed under Section 115 Civil Procedure Code to call for the records relating with the petition and order dated 30.11.2021 made in E.P.No.127 of 2019 in R.C.O.P.No.67 of 2014 on the file of the Additional District Munsif Court, Madurai. For Petitioner :

Mr.R.Suriyanarayanan For Respondent :

Mr.R.Parthiban for Mr.Rajaraman.

ORDER

An affidavit of undertaking has been filed by the petitioner undertaking to vacate and handover vacant possession of the premises by 20.06.2022 and also undertaking to continue to pay the rent of Rs.10,000/- per month without default. A calculation memo has also been filed in which, the petitioner, after deducting the rents payable by him, has arrived at a sum of Rs.2,45,540/- as being the amounts in the hands of the respondent/Landlord. 2.Learned counsel for the respondent/Landlord would submit that in the calculation sheet, the petitioner has omitted to include the rent for the month of December, 2021. Therefore, the balance in the hands of the Landlord would only be a sum of Rs.2,35,540/-. 3.Recording the affidavit of undertaking as well as the calculation memo, this Civil Revision Petition stands disposed of. It is needless to state that if there is a default of any one of the clauses of undertaking, the Landlord can proceed to execute the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(NPD) (MD) No.2026 of 2021 decree forthwith without reference to this Court. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) abr Note:-In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The Additional District Munsif, Madurai.

C.R.P.(NPD) (MD) No.2026 of 2021 Dated: 21.01.2022 RD/CK(10.02.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2