Nagarajan vs Sivakami Ammal
2021 Latest Caselaw 11486 Mad

                                                           1          C.R.P.(MD)NO.783 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 08.06.2021

                                                      CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          C.R.P.(MD)No.783 of 2021 and
                                           C.M.P.(MD)No.4246 of 2021


                     1. Nagarajan
                     2. Saravanan                        ... Petitioners/Respondents/
                                                              Judgment Debtors



                                                         Vs.


                     Sivakami Ammal                            ... Respondent/Petitioner/
                                                                    Decree Holder



                                   Prayer: Civil Revision petition filed under Section
                     115 of C.P.C., to set aside the fair and decreetal order dated
                     09.12.2019 passed in E.P.No.11 of 2019 in R.C.O.P.No.6 of
                     2009 on the file of the learned I Additional District Munsif,
                     Nagercoil.




                                   For Petitioners   : Mr.M.P.Senthil

                                                       ***




https://www.mhc.tn.gov.in/judis/
                     1/4
                                                           2       C.R.P.(MD)NO.783 OF 2021

                                                    ORDER

This civil revision petition is directed against the

order passed by the executing Court in E.P.No.11 of 2019 in

R.C.O.P.No.6 of 2009 on the file of the I Additional District

Munsif, Nagercoil.

2. Heard the learned counsel appearing for the

petitioners.

3. The petitioners are tenants under the respondent.

The respondent filed the aforesaid R.C.O.P. for evicting the

petitioners. The respondent succeeded. The petitioners filed

R.C.A.No.11 of 2017 before the appellate authority/Principal

Subordinate Court, Nagercoil. The said R.C.A. was dismissed

on 13.03.2019.

4. It appears that there has been no further challenge

before the High Court by filing civil revision petition and thus

the order of eviction passed by the Rent Controller has

become final. It is this final order of eviction that is sought to

be executed by the respondent herein. The Court below has https://www.mhc.tn.gov.in/judis/

3 C.R.P.(MD)NO.783 OF 2021

rightly allowed the same. It is stated that the petitioners are

still in occupation of the premises and that they have not been

evicted.

5. I do not find any ground to interfere with the order

impugned in this civil revision petition. This civil revision

petition is dismissed. However, taking note of the current

pandemic time, the petitioners shall not be dispossessed till

31.07.2021. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                              08.06.2021

                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

Note: 1. Issue order copy on 09.06.2021.

2. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/

4 C.R.P.(MD)NO.783 OF 2021

G.R.SWAMINATHAN,J.

PMU

To:

1. The I Additional District Munsif, Nagercoil.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

C.R.P.(MD)No.783 of 2021

08.06.2021

https://www.mhc.tn.gov.in/judis/