Disposed

Vyakulam, v. John Mary

Madras HC13 Mar 2018CRP(MD)/2447/2017

Case brief

AI extract

What is this about?

This judgment dismisses a civil revision petition under Section 115 CPC. Upon the petitioners filing an undertaking to vacate premises and surrender possession, the court directed them to do so within six months, conditional on paying monthly rent, and disposed of the petition.

What did the court decide?

Petitioners directed to vacate premises and hand over vacant possession to respondents by 30.06.2018 and pay monthly rent by 5th of every month.

Vyakulam, Vs John Mary — Execution and Attachment | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.03.2018

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CORAM

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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C.R.P(NPD)(MD)No.2447 of 2017 and C.M.P.(MD)No.11585 of 2017

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1.Vyakulam C.Rama Chandran (Died) 2.Manjula Devi (Minor) 3.Sasikala (Minor) 4.Balamurugan (Minor)

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...Petitioner/ Respondents 1 to 4/Defendants 1 to 4

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[Minors 2 to 4 are represented

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by their guardian 1^st petitioner as per the order in I.A.No.1701 of 1979 dated 24.10.1979]

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Vs.

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Kamalammal Nadathy (Died) 1.John Mary

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2.Joseph Rajan

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...Respondents / Petitioners 1 & 2 /Plaintiffs 2 & 3

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PRAYER:- Petition filed under Section 115 of the Civil Procedure Code to set aside the fair and decreetal order in E.P.No.118 of 1983 in O.S.No.485 of 1979 dated 02.08.2017 on the file of the Principal District Munsif, Kuzhithurai, Kanyakumari District.

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For Petitioners : Mr.S.Saji Bino For Respondents : Mr.C.Godwin (for caveator) ***** ORDER

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Assailing over the order passed by the learned Principal District Munsif, Kuzhithurai, Kanyakumari District, in E.P.No.118 of 1983 in O.S.No.485 of 1979 dated 02.08.2017, the present Civil Revision Petition is filed.

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The petitioners/defendants would submit that the suit in O.S.No.485 of 1979 was filed by the respondents/plaintiffs for declaration and the same was decreed on 31.01.1981, which was subsequently modified at the first appellate stage. Based on the decree, the respondents/decree holders have filed E.P.No.118 of 1983 https://hcservices.ecourts.gov.in/hcservices/ and the same was ordered on 02.08.2017, which is impugned in the present revision.

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When the matter came up for admission, this Court was not inclined to admit the revision or to grant interim order and therefore, the learned counsel for the petitioners prayed time for vacating the premises, for which, learned counsel for the respondents did not have any objection.

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The learned Counsel for the petitioners would submit that challenging the fair and decreetal order, second appeals have been preferred and the same are pending before this Court. Now, they have filed an undertaking affidavit dated 16.12.2017, before this Court, undertaking that they would vacate the premises and hand over the vacant possession to the respondents within a period of six months.

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In view of the undertaking affidavit, the petitioners are directed to vacate the premises and hand over vacant possession to the respondents on or before 30.06.2018. Till such time, the petitioners shall pay the monthly rent on or before 5^th of every English calendar month.

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With the above direction, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS-III) /True Copy/

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Sub Assistant Registrar

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The Principal District Munsif, Kuzhithurai, Kanyakumari District.

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+1CC to Mr.C.Godwin, Advocate, SR.No. 54738

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C.R.P(NPD)(MD)No.2447 of 2017 and C.M.P.(MD)No.11585 of 2017

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AM/KKR/SAR 1/23.03.2018/2P/3C

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https://hcservices.ecourts.gov.in/hcservices/

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13.03.2018

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https://hcservices.ecourts.gov.in/hcservices/

Vyakulam, v. John Mary

Case brief

What is this about?

What did the court decide?

Vyakulam, v. John Mary

Case brief

What is this about?

What did the court decide?

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