R.Chandrasekaran vs N.Murugan
2021 Latest Caselaw 18120 Mad

                                                                                   C.R.P. (PD) No.1547 of2021




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 03.09.2021

                                                           CORAM:

                           THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                                C.R.P. (PD) No.1547 of 2021

                     R.Chandrasekaran                          ...               Petitioner /
                                                                                 Landlord

                                                               versus

                     N.Murugan                                 ...               Respondent /
                                                                                 Tenant

                     PRAYER: Civil Revision Petition has been filed under Article 227 of the
                     Constitution of India, to order for speedy disposal of E.P.No.175 of 2013 in
                     R.C.O.P.No.42 of 2009 pending on the file of the learned District Munsif,
                     Alandur and allow the Civil Revision Petition.


                                      For Petitioner      : Mr.Suresh

                                                           ORDER

This Civil Revision Petition is filed seeking direction to the

learned District Munsif, Alandur, to dispose of E.P.No.175 of 2013 in

R.C.O.P. No.42 of 2009.

https://www.mhc.tn.gov.in/judis/ C.R.P. (PD) No.1547 of2021

2. The learned counsel for the petitioner submitted that,

R.C.O.P.No.42 of 2009 was filed on the ground of wilful default and

demolition and reconstruction. The eviction was ordered on the ground of

wilful default. Against the said order, the respondent preferred Rent Control

Appeal in R.C.A.No.13 of 2013. This R.C.A. was dismissed and the order

of the learned Rent Controller, was confirmed. The respondent preferred

C.R.P.Nos.1701 of 2017 and 2311 of 2019, against the judgment in

R.C.A.No.13 of 2013 and that was dismissed on 28.02.2020. The

respondent also filed E.A.No.152 of 2018 under Section 47 read with

Section 94(e) and read with Section 151 of C.P.C.

3. The eviction was ordered on 28.06.2013 and that was

confirmed by this Court on 28.02.2020. The petitioner is not able to taste

the fruits of the eviction order because of filing of the application by the

respondent before the trial Court. The learned counsel for the petitioner

submitted that, there is no S.L.P. preferred against the common order passed

in C.R.Ps.

https://www.mhc.tn.gov.in/judis/ C.R.P. (PD) No.1547 of2021

4. Considering the fact that, R.C.O.P. was filed in the year

2009 and the eviction was ordered on 28.06.2013 and that was confirmed by

this Court in C.R.P.Nos.1701 of 2017 and 2311 of 2019 on 28.02.2020, this

Court directs the learned District Munsif, Alandur, to dispose of E.P.No.175

of 2013 in R.C.O.P.No.42 of 2009, including any application pending, as

expeditiously as possible, preferably, within a period of three (3) months

from the date of receipt of a copy of this order.

5. This Civil Revision Petition is disposed of accordingly.

However, there is no order as to costs.

                                                                              03.09.2021

                     Speaking order / Non-speaking order
                     Index       : Yes / No

                     sri



                     To

                     The District Munsif,
                     Alandur.

https://www.mhc.tn.gov.in/judis/ C.R.P. (PD) No.1547 of2021

G.CHANDRASEKHARAN, J.

sri

C.R.P. (PD) No.1547 of 2021

03.09.2021

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