The Madras High Court dismissed a civil miscellaneous petition seeking extension of time to vacate premises. The court found the prayer infructuous as the petitioners had already handed over possession to the respondents before the hearing.
The Civil Miscellaneous Petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Friday,the Twenty Second day of July Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CMP(MD). No.6753 of 2021 in
CRP(MD)372 of 2021
... Petitioners/Petitioners
Vs
2 Mohamed Usman ... Respondents/Respondents
Prayer :-
This Civil Miscellaneous petition filed under section 148 r/w 151 of Civil Procedure code, to extend the time ordered by this Hon`ble Court in CRP(MD).372 of 2021 and CMP(MD).2059 of 2021 dated 22.03.2021 to vacate the premises and hand over possession to the respondents for a further period of one month i.e., till 30.09.2021 and thus render justice.
ORDER:- This Civil Miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. P.Thiyagarajan, for the respondents, this Court made the following order:
This Court, by order dated 22.03.2021, based on the undertaking affidavit filed by the petitioners, disposed of CRP(MD)No.372 of 2021, directing the petitioners to vacate the premises and hand over the possession to the respondents on or before 30.06.2021.
// True Copy //
/08/2022 Sub Assistant Registrar(CS)
TO
1.The Rent Control Appellant Authority, cum Principal Sub Judge, Tenkasi.
2.The Principal Rent Controller cum Principal District Munsif, Tenkasi.
ORDER DATED : 22/07/2022
========================== EXTENSION OF TIME ==========================
CMP(MD). No.6753 of 2021
in CRP(MD)No.372 of 2021
Giving direction and etc. as stated within.
MGJ(03.08.2022) 2P 3C
1 issue framed by the court
Whether a petition filed to extend time for vacating premises is maintainable if possession has already been handed over.
1 provisions across 1 enactments
Shiek Fareeth and others
Mohamed Umare Farooq and others
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
