T.Anbalagan vs S.Rajabunisha
2022 Latest Caselaw 11364 Mad

                                                                           C.R.P.(NPD)No.1972 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 28.06.2022

                                                          COAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                               C.R.P.(N.P.D).No.1972 of 2022
                                                and C.M.P.No.10012 of 2022

                     T.Anbalagan                                                    ... Petitioner
                                                              ..Vs..

                     S.Rajabunisha                                                 ... Respondent

                     Prayer :- Civil Revision Petition filed under Article 227 of the
                     Constitution of India, to set aside the fair and decreetal order dated
                     01.04.2022 passed in I.A.No.2 of 2021 in I.A.No.1 of 2019 in
                     R.C.O.P.No.217 of 2017 by the learned Rent Controller and Principal
                     District Munsif, Coimbatore and the dismiss the petition for extension of
                     time for payment of cost in condone delay application by allowing this
                     CRP.
                                 For Petitioner    : Dr.S.S.Swaminathan

                                                          ORDER

This Civil Revision Petition has been preferred challenging the

order dated 01.04.2022 passed in I.A.No.2 of 2021 in I.A.No.1 of 2019

in R.C.O.P.No.217 of 2017 by the learned Rent Controller and Principal

District Munsif, Coimbatore.

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2. Heard the learned counsel for the petitioner and perused the

materials available on record.

3.The revision petitioner is the landlord, who filed eviction

petition against the respondent/tenant and the said petition was allowed

ex parte. Subsequently, the respondent/tenant filed an application to set

aside the ex parte order along with an application to condone the delay

and the same was allowed on condition to pay a sum of Rs.1,000/- as

cost. The outer limit for paying the cost was till 01.09.2021. However,

the respondent/tenant failed to pay the cost and filed an application in

I.A.No.2 of 2021 for extension of time. The learned Rent Controller

allowed the same by granting time till 25.04.2022. Aggrieved over that,

the landlord has filed this Civil Revision Petition.

4. The learned counsel for the petitioner submitted that having

failed to pay the cost within the time limit fixed by the Court, he cannot

file the application seeking extension of time, after several months and

the said application ought to have been dismissed in-limine.

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5. It is true that the application in I.A.No.2 of 2021 has been filed

after the final order passed in I.A.No.1 of 2019, for non-compliance of

the order. The learned trial Judge relied on the judgment of this Court in

Kumarasamy and another Vs. Palaniyammal reported in [2015 (2)

MLJ 147] and extended the time till 25.04.2022. Since the said period

has been lapsed, nothing survives for adjudication in this revision

petition.

6.However, if the respondent/tenant pays the cost at least within

the time limit, the revision petitioner is at liberty to withdraw the same.

7. In view of the above, this Civil Revision Petition is dismissed as

infructuous. No costs. Consequently, connected miscellaneous petition is

closed.

28.06.2022

Index:Yes No Speaking Order:Yes/No ms

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R.N.MANJULA, J.

ms

To

The Rent Controller and Principal District Munsif, Coimbatore.

C.R.P.(NPD).No.1972 of 2022 and C.M.P.No.10012 of 2022

28.06.2022

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