Madras High Court
N.Pushpam vs Malli Mandapam Trust on 11 October, 2022
C.R.P PD(MD)No.2012 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 11.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P(MD)No.2012 of 2022 and
CMP(MD) No.9230 of 2022
N.Pushpam ... Petitioner
Vs
Malli Mandapam Trust,
Through its Trustee,
Door No.47D,
Bharathidasan Salai,
(Travellers Bungalow Road),
Madurai -10. ... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order dated
06.09.2022 passed in E.A.No.88 of 2022 in E.P.No.11 of 2020 in RCOP
No.79 of 2001, on the file of the Additional District Munsif Court,
Madurai Town.
For Petitioner : Mr.K.Muthurakkan
1/7
https://www.mhc.tn.gov.in/judis
C.R.P PD(MD)No.2012 of 2022
ORDER
This petition has been filed as against the order passed by the
learned Additional District Munsif, Madurai in E.A.No.88 of 2022 in
E.P.No.11 of 2020 in RCOP No.79 of 2001, dated 06.09.2022.
2.The respondent Trust has filed an application in R.C.O.P
No.79 of 2001 before the Additional Rent Controller/Additional District
Munsif Court, Madurai Town as against this revision petitioner, under
Section 10(2) (I) and 14(1) (b) of Tamil Nadu Buildings (Lease and Rent
Control) Act 18 of 1960, for the relief of eviction. The said application
was allowed by the learned Additional Rent Controller on 19.12.2018.
Challenging the same, the petitioner herein has filed appeals in
R.C.A.Nos.35 and 36 of 2019 before the Principal Subordinate Court,
Madurai, which were dismissed on 12.11.2019, for non-payment of batta.
The respondent herein has filed E.P.No.11 of 2020 before the Additional
District Munsif Court, Madurai in the year 2020, which was allowed on
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C.R.P PD(MD)No.2012 of 2022
07.03.2022, and eviction was also ordered. Thereafter the petitioner filed
applications in I.A.No.80 & 81 of 2022 in R.C.A.Nos.35 and 36 of 2019,
to restore the appeals by condoning the delay of 868 days and these
applications are still pending. At this juncture, the petitioner herein has
filed an application in E.A.No.88 of 2022, under Section 151 of Civil
Procedure Cide, to stay the execution proceedings in E.P.No.11 of 2020.
The trial Court, considering the conduct of the petitioner, dismissed the
said application. Aggrieved over the same, the present Civil Revision
Petition is filed.
3.The learned counsel appearing for the petitioner submits
that the learned Rent Controller ought not to have proceeded with the
execution proceedings in E.P.No.11 of 2020, till the appeals attained
finality. The Execution Court failed to note that the appeals preferred by
the petitioner were dismissed for non-payment of batta and the
applications filed to condone the delay in restoring the appeals are still
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C.R.P PD(MD)No.2012 of 2022
pending before the first Appellate Court. Hence, the order of the trial
Court in dismissing the petition in E.A.No.88 of 2022, to stay all further
proceedings in E.P.No.11 of 2020 has to be set aside.
4.Heard the learned counsel appearing for the petitioner and
also perused the materials placed on record. Since no adverse order is
going to be passed, notice to the respondent is dispensed with.
5.The respondent Trust has initiated Rent Control
proceedings in R.C.O.P No.79 of 2001 as against the petitioner in the
year 2001 and the same was disposed of in the year 2018. Thereafter, the
petitioner preferred appeals in R.C.A.Nos.35 and 36 of 2019 and he has
not prosecuted the appeals properly and allowed the same to be
dismissed on 12.11.2019, for non-payment of batta. After the dismissal
of the appeals, the respondent/landlord initiated execution proceedings in
E.P.No.11 of 2020 and the same was allowed on 07.03.2022. Till such
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C.R.P PD(MD)No.2012 of 2022
time, the petitioner has not taken any steps to restore the appeals even
after receipt of notice in the execution proceedings. Delivery was also
ordered in the execution proceedings in the month of March 2022.
Thereafter, the petitioner filed I.A.Nos.80 & 81 of 2022 to restore the
appeals with a delay of 868 days and these applications are still pending
before the Rent Control Appellate Authority. While that being so, the
petitioner filed an application in E.A.No.88 of 2022 to stay all further
proceedings in E.P.No.11 of 2020. The trial Court has held that as per
Order XXI Rule 26 of Civil Procedure Code, the execution Court shall
stay the execution of the decree for a reasonable time, upon showing
sufficient cause, to enable the Judgment debtor to apply to the Court, by
which the decree was passed, or to any Court having appellate
jurisdiction. But, in the present case on hand, the petitioner has not
shown any sufficient reasons for grant of stay and the trial Court has
rightly dismissed the application.
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C.R.P PD(MD)No.2012 of 2022
6.In view of the above, this Court finds no merit in this
petition. Accordingly, this Civil Revision Petition is dismissed in the
admission stage itself. No costs. Consequently, connected Miscellaneous
Petition is closed.
11.10.2022
Index : Yes / No.
Internet : Yes / No.
vrn
To
The Additional District Munsif Court, Madurai Town.
https://www.mhc.tn.gov.in/judis
C.R.P PD(MD)No.2012 of 2022
B.PUGALENDHI, J.
vrn
C.R.P(MD)No.2012 of 2022 and
CMP(MD) No.9230 of 2022
11.10.2022
https://www.mhc.tn.gov.in/judis
