R.Senthil ...Respondent/ vs Bhuvaneshwari @ Usha ...
2023 Latest Caselaw 4579 Mad

                                                                                C.R.P(MD)No.1021 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 20.04.2023

                                                           CORAM

                                      THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                 C.R.P(MD)No.1021 of 2023
                                                          and
                                                 C.M.P(MD)No.4777 of 2023

                     R.Senthil                                          ...Respondent/Petitioner/
                                                                           Petitioner/Tenant

                                                              Vs.

                     Bhuvaneshwari @ Usha                               ...Petitioner/Respondent/
                                                                           Respondent/Landlord

                     PRAYER: Civil Revision Petition is filed under Article 227 of
                     Constitution of India, to set aside the fair and decreetal order in E.A.No.
                     51 of 2023 in E.P.No.142 of 2022 in R.C.O.P.No.175 of 2013, dated
                     04.03.2023 on the file of the Additional District Munsif Court, Madurai
                     Town.


                                         For Petitioner     : Mr.N.Balakrishnan

                                                          ORDER

The present civil revision petition has been filed against the fair

and decreetal order in E.A.No.51 of 2023 in E.P.No.142 of 2022 in

R.C.O.P.No.175 of 2013, dated 04.03.2023 on the file of the Additional

District Munsif Court, Madurai Town. https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.1021 of 2023

2. The petitioner is the unsuccessful respondent in R.C.O.P.No.175

of 2013 on the file of the I Additional District Munsif, Madurai filed by

the respondent herein. The respondent has secured favourable judgment

and decree from the aforesaid Court on 10.08.2021. Aggrieved by the

same, the petitioner has preferred an appeal before the Sub Court,

Madurai in R.C.A.No.47 of 2021. The appeal appears to have filed on

07.10.2021.

3. In the said appeal, the petitioner filed I.A.No.174 of 2021 to

stay the operation of the judgment and decree of the Rent Controller in

R.C.O.P.No.175 of 2013. Meanwhile, the respondent has filed

E.P.No.142 of 2022 on 14.06.2022 to execute the judgment and decree

passed in R.C.O.P.No.175 of 2023. In the execution petition, it appears

that the respondent has stated no appeal has been preferred by the

petitioner.

4. The learned counsel for the petitioner submits that in the appeal

proceedings, the respondent is taking time and therefore, the Court is

unable to pass any orders under Order 41 Rule 5 of C.P.C. Under these

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

C.R.P(MD)No.1021 of 2023

circumstances, the petitioner has filed E.A.No.51 of 2023 under Order 21

Rule 26 (1) of C.P.C.

5. In my view, the impugned order cannot be assailed as

admittedly the petitioner has filed an appeal before the appellate Court in

R.C.A.No.47 of 2021. Therefore, no interference is warranted as far as

the impugned order is concerned.

6. Therefore, the present Civil Revision Petition stands disposed

by directing the Principal Subordinate Judge, Madurai to dispose of the

I.A.No.174 of 2021 in R.C.A.No.47 of 2021 by 30.06.2023. Pending

disposal of I.A.No.174 of 2021 in R.C.A.No.47 of 2021, all further

proceedings in E.P.No.142 of 2022 shall be kept in abeyance. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                     20.04.2023
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No
                     sn

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

C.R.P(MD)No.1021 of 2023

To

1.The Additional District Munsif Court, Madurai Town.

2.The Principal Subordinate Judge, Madurai.

3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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

C.R.P(MD)No.1021 of 2023

C.SARAVANAN,J.

SN

C.R.P(MD)No.1021 of 2023

20.04.2023

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