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2023 DIGILAW 105 (MAD)

M. Swaminathan v. Umasankar Perumalsamy

2023-01-05

S.M.SUBRAMANIAM

body2023
ORDER : Prayer: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the order dated 23.12.2022 made in E.P.No.118 of 2019 in R.C.O.P.No.48 of 2018 on the file of the Principal District Munsif Court at Alandur. The Civil Revision Petition has been filed against the order dated 23.12.2022 passed in E.P.No.118 of 2019 in R.C.O.P.No.48 of 2018. 2. When the civil revision petition was taken up for admission, the learned counsel for the petitioner made a submission that the petitioner is willing to vacate the subject premises and hand over the vacant possession to the respondent / landlord. Accordingly, the petitioner was permitted to file an affidavit. 3. When the matter is taken up for hearing today i.e. on 05.01.2023, the revision petitioner filed an affidavit of undertaking in USR.No.759 dated 04.01.2023, stating that he will vacate the rental premises within a period of two (2) months from today i.e. on 04.01.2023. 4. In view of the undertaking filed by the revision petitioner, no further adjudication on merits is warranted. Accordingly, the revision petitioner herein is directed to vacate the subject premises within a period of two (2) months and hand over the vacant possession to the respondent / landlord and settle all the arrears of rent, if any. In the even of failure, the respondent is at liberty to move a contempt application before this Court. 5. With the above directions, the Civil Revision Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.