Madras High Court
A.Mohandoss vs P.Vikash Kumar on 10 July, 2017
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Abdul Quddhose
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.07.2017 CORAM THE HON'BLE MR.JUSTICE RAJIV SHAKDHER AND THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE O.S.A.Nos.127 to 129 of 2017 and C.M.P.Nos.8231 and 8233 of 2017 A.Mohandoss .. Appellant/Applicant/ Plaintiff in all the appeals Vs. P.Vikash Kumar .. Respondent/Respondent/ Defendant in all the appeals * * * Prayer in O.S.A.No.127 of 2017 : Appeal filed under Clause 15 of Letters Patent read with Order 36, Rule 9 of Appellate Side Rules, against the Order and Decreetal Order dated 11.04.2017 made in Original Application No.367 of 2017 in C.S.No.266 of 2017. Prayer in O.S.A.No.128 of 2017 : Appeal filed under Clause 15 of Letters Patent read with Order 36, Rule 9 of Appellate Side Rules, against the Order and Decreetal Order dated 11.04.2017 made in Application No.2179 of 2017 in C.S.No.266 of 2017. Prayer in O.S.A.No.129 of 2017 : Appeal filed under Clause 15 of Letters Patent read with Order 36, Rule 9 of Appellate Side Rules, against the Order and Decreetal Order dated 11.04.2017 made in Application No.2180 of 2017 in C.S.No.266 of 2017. * * * For Appellant in : Mr.K.Subramani, Senior Advocate all the appeals for Mr.B.K.Sreenivasan For Respondent : Mr.Kushal Kumar Sancheti in all the appeals for M/s.Sai Bharath and Ilan COMMON JUDGEMENT (Judgement of the Court was delivered by RAJIV SHAKDHER,J.) 1. After some arguments, learned counsels for the parties submit that the captioned appeals can be disposed of with the following directions : (i).C.S.No.266 of 2017 pending on the file of the learned Single Judge, on the original side of this Court, will be disposed of, preferably, within a period of three (3) months from today. (ii).The respondent/defendant will file his written statement within a period of three (3) weeks from today; a copy of which will be served on the appellant/plaintiff. (iii).The appellant/plaintiff will be at liberty to file a replication within one (1) week of receipt of a copy of the written statement. (iv).The matter will be placed before the learned Single Judge on 17.08.2017 for framing of issues. Counsels for the parties will exchange the draft issues two (2) days before the aforesaid date of hearing. (v).The evidence in the matter will be recorded by the learned Master. The parties will file the affidavits of evidence of their respective witnesses along with documents within ten (10) days of the issues being framed. The affidavits of evidence will be exchanged, whereupon, oral evidence will be recorded by the learned Master in respect of the witnesses, who are to be cross-examined. The learned Master will complete the recording of evidence on or before 08.09.2017. (vi).The matter will be placed before the learned Single Judge, on 14.09.2017, upon evidence being recorded by the learned Master. (vii).R.C.O.P.Nos.1317 and 1318 of 2015 pending on the file of XIII Small Causes Court, Chennai, will proceed. In case, the final order is passed in those proceedings, which is against the interest of the appellant/plaintiff, the same shall not be given effect to and/or executed, for a period of four (4) weeks thereafter. (viii).Pending the aforementioned RCOP proceedings, the respondent/defendant shall not alienate and/or create any third party interest in the suit property. (ix).The sum of Rs.3,00,000/- (Rupees three laksh only), which has been received, during the pendency of the instant appeals, in the form of cheque, shall be encashed by the respondent/defendant, without prejudice to his rights and contentions. To be noted, it is the stand of the respondent/defendant that the said amount can only be adjusted towards arrears of rent; a stand, which is contested by the appellant/plaintiff. 2. The parties will file affidavits of undertaking, within a period of one (1) week, from today, setting out therein that the aforesaid terms of settlement will be scrupulously adhered to by them. 3. Counsels for the parties have appended their signatures hereafter, in affirmation of the terms of settlement. 4. The captioned appeals are disposed of, in terms of the aforementioned settlement. Resultantly, pending applications shall stand closed. There shall, however, be no order as to costs. (R.S.A., J.) (A.Q., J.) gg 10.07.2017 Counsel for the Appellant/ Counsel for the Respondent/ Applicant/Plaintiff Respondent/Defendant RAJIV SHAKDHER, J.
AND ABDUL QUDDHOSE, J.
gg O.S.A.Nos.127 to 129 of 2017 and C.M.P.Nos.8231 and 8233 of 2017 10.07.2017