Madras High Court
Maidheen Abdul Khader Jailani vs K.Shanthi on 22 June, 2023
C.R.P(MD)No.1429 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P(MD)No.1429 of 2023
and
C.M.P.(MD)No.7135 of 2023
Maidheen Abdul Khader Jailani
...Petitioner/Petitioner/Plaintiff
Vs.
1.K.Shanthi
2.S.Kathiresan
... Respondents/Respondents/Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to call for the records and to set aside the fair and
decreetal order passed in I.A.No.726 of 2022 in O.S.No.371 of 2019 on
the file of the Principal District Munsif of Madurai Town dated
09.12.2022.
For Petitioner : Mr.M.Mohamed Sherbudeen
ORDER
This Civil Revision Petition has been filed by the petitioner to set
aside the order passed in I.A.No.726 of 2022 in O.S.No.371 of 2019
dated 09.12.2022, before the Principal District Munsif of Madurai Town.
2.The petitioner is the plaintiff in O.S.No.371 of 2019. The suit
was filed by the petitioner for bare injunction to restrain the respondents
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C.R.P(MD)No.1429 of 2023
from interfering the possession of the property. The petitioner is the
tenant of the respondents. The suit was allowed to be dismissed for non
prosecution on 16.03.2022. Therefore, the petitioner has filed I.A.No.726
of 2022 to condone the delay of 46 days in filing the application to set
aside the order dismissing the suit for non prosecution. In the meanwhile,
the respondents had also filed R.L.T.O.P.No.97 of 2019 to evict the
petitioner. The main suit was posted for trial on 17.06.2020. Despite the
same, the petitioner has not taken any steps to proceed the case for the
past two years. Therefore, R.L.T.O.P.No.97 of 2019 was allowed by the
Additional District Munsif Court, at Madurai on 07.04.2022 pursuant to
which, the respondent has filed E.P.No.149 of 2022 and the same is said
to be pending.
3.Considering the fact that the respondent has taken steps for
evicting the petitioner in the manner known to law, the remedy in
O.S.No.371 of 2019 has worked out. The petitioner can be evicted only
in accordance with judgment and decree of the Additional District
Munsif Court, Madurai in R.L.T.O.P.No.97 of 2019 pursuant to order
dated 07.04.2022. Therefore, even though there is only delay of 47 days,
I do not find any sufficient reason to condone the delay as no useful
purpose would be served as the respondent has rightly invoked
provisions of the Tamilnadu Regulation of Rights and Responsibilities of
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C.R.P(MD)No.1429 of 2023
Landlords and Tenants Act, 2017. However, liberty is given to the
petitioner to file appropriate application to set aside the order passed by
the Additional District Munsif Court, Madurai Town in R.T.L.O.P.No.97
of 2019 and the learned Additional District Munsif is directed to
consider if such application is filed by the petitioner as expeditious as
possible and dispose of the same.
4.With the above observation, the Civil Revision Petition is
dismissed. No Costs. Consequently, connected miscellaneous petition is
closed.
22.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Mrn
To
1.The Principal District Munsif, Madurai.
2.The Additional District Munsif, 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.1429 of 2023
C.SARAVANAN,J.
Mrn
C.R.P(MD)No.1429 of 2023
22.06.2023
https://www.mhc.tn.gov.in/judis
