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2021 Supreme(Mad) 163

N.KIRUBAKARAN, P.D.AUDIKESAVALU
R. Balakumar – Appellant
Versus
Bohemian Destinations Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R. Parthasarathy, Advocate.
For the Respondent:S.L. Sudarsanam, Advocate.

JUDGMENT :

P.D. Audikesavalu, J.

(Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent, praying to set aside the order dated 29.10.2018 in Application No. 4124 of 2017 in C.S. No. 157 of 2011 passed by this Court.)

(through video conference)

1. The intra-court appeal arises out of the order dated 29.10.2018 in Appln. No. 4124 of 2017 in C.S. No. 157 of 2011 passed by the Learned Judge on the Original Side of this Court directing joint trial of the said suit in C.S. No. 157 of 2011 along with C.S. No. 54 of 2015, which is pending in the same Court.

2. The Respondent is the owner of the property situate at Old No. 38, New No. 64, Rukmani Street, Kalakshetra Colony, Besant Nagar, Chennai - 600090 and had entered a lease agreement dated 30.04.2008 with the Appellant in respect of the building premises in the said property for a period of 10 years commencing from 01.07.2008. As certain disputes arose between the parties in respect of the said lease agreement, the Respondent instituted suit in C.S. No. 157 of 2011 against the Appellant seeking the following reliefs:-

    (i) To direct the Appellant to pay a sum of Rs. 32,0

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