In this second appeal, upheld the dismissal of the appeal where appellants filed an affidavit undertaking to vacate premises and hand over possession to respondents by 31.10.2023.
Second Appeal dismissed; Appellants to hand over possession of suit property and return title deeds (if any) by 31.10.2023.
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S.A(MD).No.71 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.71 of 2023 and C.M.P(MD)No.1964 of 2023
1.The Divisional Manager, The Indian Oil Corporation Ltd., Marketing Division, Salem, having Office at 234, First Floor, SDLOA Building, Salem-Bangalore Bye Pass Road, Kondalampatti, Salem
2.The Executive Director (Retail Sales), Indian Oil Corporation Ltd., Indian Oil Bhavan, G-9, Ali Yavar Jung Murg, Bundra East, Munmbai – 400 051
S.A(MD).No.71 of 2023
Vs. 1.P.Meenakshi ..1st Respondent/1st Respondent/Plaintiff 2. R.Gandhimathi 3.S.Tamil Selvi ... Respondents 2 & 3/Respondents 2 and 3/Defendants 5 & 6
Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 11.10.2022 passed in A.S.No.08 of 2022 on the file of the Principal District Judge, Karur, confirming the judgment and decree dated 01.11.2021 passed in O.S.No.30 of 2016 on the file of the Additional Subordinate Judge, Karur.
For Appellants : Mr.Muraleedharan For Respondents : Mr.K.Suresh
J U D G M E N T
This Second Appeal has been filed against the judgment and decree dated 11.10.2022 passed in A.S.No.08 of 2022 on the file of the Principal
District Judge, Karur, confirming the judgement and decree dated 01.11.2021 passed in O.S.No.30 of 2016 on the file of the Additional Subordinate Judge, Karur.
undertaking dated 17.03.2023 in which they have given an unconditional undertaking that they shall vacate the premises of the suit schedule property on or before 31.10.2023.
S.A(MD).No.71 of 2023
S.A(MD).No.71 of 2023
appellants shall hand over the possession of the suit schedule property to the respondents on or before 31.10.2023. No costs. The affidavit of undertaking submitted by the appellant shall form part of this judgment.
executing court and the same shall be recorded by the concerned executing court.
20.03.2023
Index : Yes/No Internet: Yes/No CM To 1.The Principal District Judge, Karur, 2.The Subordinate Judge, Karur. 3.The Section Officer,
VR Section, Madurai Bench of Madras High Court, Madurai.
S.A(MD).No.71 of 2023
ABDUL QUDDHOSE, J.
CM
S.A.(MD)No.71 of 2023 and C.M.P(MD)No.1964 of 2023
20.03.2023
1 issue framed by the court
Whether the appellants, having filed an affidavit of undertaking, are entitled to the dismissal of the second appeal.
1 provisions across 1 enactments
The Divisional Manager, The Indian Oil Corporation Ltd.
P. Meenakshi
R. Gandhimathi
S. Tamil Selvi
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
