Madras High Court
D.Selvarajan vs A.N.Thenraj on 3 February, 2023
C.M.P.No.9078 of 2016 in
C.R.P.Sr.No.29032 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.P.No.9078 of 2016
in
C.R.P.Sr.No.29032 of 2014
D.Selvarajan ... Petitioner
Vs.
A.N.Thenraj ... Respondent
C.M.P.No.9078 of 2016 is filed under Order IV Rule 9(4) of A.S. Rules to
condone the delay of 759 days in representing the Civil Revision Petition in
C.R.P.Sr.No.29032 of 2014.
C.R.P.Sr.No.29032 of 2014 is filed under Section 115 of the Civil Procedure
Code, to set aside the Fair and Decreetal order dated 21.01.2014 made in
M.P.No.86 of 2011 in R.C.O.P.No.21 of 2008 by the learned District Munsif
cum Rent Controller, Ambattur, dismissing the said petition filed by the
petitioner herein and allow the said petition praying for review of the order
passed in R.C.O.P.No.21 of 2008 dated 01.06.2011 under Order XLVII
Rule 1 CPC.
Page 1 of 6
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C.M.P.No.9078 of 2016 in
C.R.P.Sr.No.29032 of 2014
For Petitioner : Mrs.J.Dhanalakshmi
For Mr.G.Saravanan
For Respondent : Mr.G.Prakash
ORDER
The Civil Miscellaneous Petition is filed to condone the delay of 759
days in representing the Civil Revision Petition in C.R.P.Sr.No.29032 of
2014.
2. The Civil Revision Petition was filed against the Fair and Decreetal
order dated 21.01.2014 passed in R.CO.P.No.21 of 2008, which was filed for
evicting the petitioner / tenant. The R.C.O.P was allowed and the eviction
was ordered by the Rent Controller.
3. The revision petitioner filed a petition under Section XLVII Rule 1
of the Civil Procedure Code, praying to review the decree and judgment
passed against the revision petitioner to vacate and handover the vacant
possession of the Suit Scheduled Property. The said petition was filed in
M.P.No.86 of 2011 in R.C.O.P.No.21 of 2008 and the said Miscellaneous
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C.M.P.No.9078 of 2016 in
C.R.P.Sr.No.29032 of 2014
Petition was dismissed by the Rent Controller on 21.01.2014, against which
the Civil Revision Petition was filed on 31.03.2016, after a lapse of two (2)
years and thereafter, the revision petitioner has not pursued the Civil
Revision Petition case papers by applying the defects noted by the Registry,
High Court.
4. There is a delay of 759 days and the revision petitioner has not
stated any acceptable reason for condoning such an enormous delay in
representing the case papers. The affidavit filed in support of the
Miscellaneous Petition states that the Clerk in the Advocate office had left
the office and the case papers were misplaced and mixed with the disposed
cases. Thus, the case was unable to be represented before the Registry, High
Court.
5. The learned counsel for the respondent has now brought to the
notice of this Court that pursuant to the eviction order, the revision
petitioner / tenant was evicted from the premises.
6. Considering all these facts and circumstances, this Court is of the
https://www.mhc.tn.gov.in/judis
C.M.P.No.9078 of 2016 in
C.R.P.Sr.No.29032 of 2014
considered opinion that the reasons stated for condoning such an enormous
delay is neither candid nor convincing and more so, with reference to the
order of eviction passed, the petitioner / tenant also vacated the premises and
thus, this Court is not inclined to condone the delay of 759 days in
representing the Civil Revision Petition in C.R.P.Sr.No.29032 of 2014.
7. Accordingly, the Civil Miscellaneous Petition in C.M.P.No.9078 of
2022 stand dismissed. Consequently, the Civil Revision Petition in
C.R.P.Sr.No.2092 of 2014 stands rejected. No costs.
03.02.2023
skr
Index:Yes
Speaking order
Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis
C.M.P.No.9078 of 2016 in
C.R.P.Sr.No.29032 of 2014
To
The Judge,
District Munsif cum Rent Controller,
Ambattur.
Copy to
The Sub Assistant Registrar,
AE Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.P.No.9078 of 2016 in
C.R.P.Sr.No.29032 of 2014
S.M.SUBRAMANIAM, J.
skr
C.M.P.No.9078 of 2016
in
C.R.P.Sr.No.29032 of 2014
03.02.2023
https://www.mhc.tn.gov.in/judis
