Madras High Court
CRP/5413/2026 of R.Rathinavel Vs Balasubramanian on 29 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP Nos.5413 & 5660 of 2026
AND
CMP NO. 23444 OF 2026
CNR:{HCMA011060002026}
1. R.Rathinavel
2. R.Deepa
3. R.Hariharan
..Petitioner(s)
in both C.R.P’s
Vs
1. Balasubramanian
2. Meenatchi
..Respondent(s)
in both C.R.P.’s
Prayer in CRP No. 5413 of 2026:- Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the common order dated 10.03.2026 passed in I.A.No.3 of 2025 in O.S.No.1163 of 2024 by the learned VI Additional City Civil Court Judge at Chennai and allow I.A.No.3 of 2025 in O.S.No.1163 of 2024.
Prayer in CRP No. 5660 of 2026:- Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the common order dated 10.03.2026 passed in I.A.No.4 of 2025 in O.S.No.1163 of 2024 by the learned VI Additional City Civil Court Judge at Chennai and allow I.A.No.4 of 2025 in O.S.No.1163 of 2024.
For Petitioner(s):
Mr.G.Srinivasan
for Mr.C.Justeen
For Respondent(s):
Mr.S.G.Ramesh Cumar
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COMMON ORDER
The petitioners filed an affidavit of undertaking that they would handover vacant possession of the subject property to respondents / Decree Holders on or before 08.12.2026 without driving them to execution proceedings and the relevant averment is extracted below:
5. I state that on 08.09.2026, I submitted before this Hon’ble Court that Myself and the other petitioners shall peacefully vacate the above mentioned property and the Respondent shall not insist for any damages from us. Subsequent to the oral undertaking given by us, this Hon’ble Court was pleased to pass the below mentioned Order; The petitioners shall file an affidavit of undertaking that they will vacate and hand over the vacant possession within three months from today without driving the respondents/decree holders to forcible execution proceedings. In view of the petitioners coming forward to vacate peacefully, the respondents have agreed to waive the decree for damages.
6. I state that I am filing this Affidavit of undertaking for myself and on behalf of the other petitioners that myself and the other petitioners shall vacate and handover the keys of the above mentioned premises (Old No.2/3, New No.16, Vijaya Nagar Extn., Kolathur, Chennai – 600 099) in the hands of the Respondent on or before 08.12.2026.
2. Recording the undertaking affidavit, the Civil Revision Petitions are disposed of. Consequently, connected Civil Miscellaneous Petitions stand closed. No costs. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP To:- VI Additional City Civil Court, Chennai.
S.SOUNTHAR J. EP CRP No. 5413 of 2026 AND CRP NO. 5660 OF 2026,CMP NO. 23444 OF 2026 29-10-2026
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