A Shanthi vs. B Saroja

ITEM NO.48 COURT NO.9 SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No. 48615/2023

(Arising out of impugned final judgment and order dated 24-11-2022 in CRPPDMD No. 2349/2022 passed by the High Court of Judicature at Madras at Madurai)

A SHANTHI Petitioner(s)

VERSUS

B SAROJA Respondent(s)

(IA No.56968/2024-CONDONATION OF DELAY IN FILING and IA No.56969/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Date : 10-05-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s)

Mr. P. V. Yogeswaran, Adv. Mr. L. R. Venkatesan, Adv. Mr. Ashish Kumar Upadhyay, Adv. Mr. Y. Lokesh, Adv. Mr. V. Kandha Prabhu, Adv. Ms. Maitri Goal, Adv. Mr. Karthikeyan, Adv. Mr. Anubhav Chaturvedi, Adv. Mr. Akshat Srivastava, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

We do not find any ground to interfere with the impugned order passed by the High Court. The special leave Digitally signed by Nidhi Ahuja Date: 2024.05.11 15:22:23 IST Reason: Signature Not Verified

petition is, accordingly, dismissed.

Learned counsel for the petitioner prays for time to vacate the suit premises. In the facts and circumstances of the case, we direct that the suit premises shall be vacated by the petitioner on or before 31.10.2024 subject to payment of arrears of rent within one month and regular rent on month to month basis. The petitioner shall hand over the vacant possession of the suit premises to the respondent on or before 31.10.2024 and shall not part with or create third party right therein. In case of noncompliance of any of the aforesaid conditions by the petitioner, the respondent will be at liberty to execute the decree.

The petitioner shall file a usual undertaking in this regard within a period of two weeks from today before the Registrar, Madras High Court. The violation of the aforesaid terms would be treated as noncompliance of the order of this Court.

Ordered accordingly.

(NIDHI AHUJA) (VIRENDER SINGH) AR-cum-PS BRANCH OFFICER

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