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2017 DIGILAW 3614 (MAD)

Ketan A. Kamdar v. Rama Rao

2017-11-07

K.K.SASIDHARAN

body2017
JUDGMENT : K.K. SASIDHARAN, J. 1. This civil revision petition is directed against the order dated 9 November 2012 in R.C.A. No. 120 of 2011, on the file of the learned VIII Judge, Court of Small Cuses, Chennai, dismissing the appeal and confirming the order of eviction dated 23 December 2010 in RCOP No. 1852 of 2009 on the file of the learned X Judge, Court of Small Causes, Chennai. 2. The petitioner, during the currency of the revision petition, filed an affidavit dated 18 August 2017, agreeing to vacate the premises and hand over vacant possession to the respondent on or before 31 December 2017. 3. The learned counsel for the petitioner reiterated the submission made by the petitioner in the affidavit and submitted that the petitioner would vacate the premises on or before 31 December 2017. The said submission is recorded. 4. The learned counsel for the respondent, on instruction, submitted that in view of the undertaking given by the petitioner to vacate the premises, there is nothing for factual adjudication of the issue involved in this civil revision petition. 5. Since the petitioner has agreed to surrender the vacant possession of the premises to the respondent on or before 31 December 2017, there is no need to consider the legality and correctness of the order passed by the Courts below. The petitioner is given time till 31 December 2017 to surrender vacant possession to the respondent. 6. Since this order is passed on the basis of the undertaking given by the petitioner, appropriate action for contempt would be taken against him, in case there is failure of the undertaking. 7. The civil revision petition is disposed of with the above observation. No costs. Consequently, M.P. No. 1 of 2013 is closed.