Bhavani Ramakrishnan v. Alan Shepherd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2017
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1314 of 2017 CMP No.6084 of 2017 Mrs.Bhavani Ramakrishnan ... Petitioner Vs.
Mr.Alan Shepherd ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Tambaram to expedite the final hearing of the pending proceedings in RCA No.11 of 2015 on the file of the Subordinate Judge, Tambaram.
For Petitioner : Mr.C.Umashankar
O R D E R
This Civil Revision Petition has been filed seeking a direction to to direct the learned Subordinate Judge, Tambaram to expedite the final hearing of the pending proceedings in RCA No.11 of 2015 on the file of the Subordinate Judge, Tambaram.
2. The petitioner is the respondent and the respondent is the Appellant in RCA.No.11 of 2015 on the file of the Subordinate Judge, Tambaram.
3. The petitioner who is the landlord initiated eviction proceedings against the respondent/tenant under Section 10 (3) (a) (iii) and 10 (3) © of Tamil Nadu Buildings Lease and Rent Control Act, on the ground of wilful default and owner's occupation, by filing RCOP No.14 of 2011 on the file of Principal District Munsif, Alandur. The said petition was allowed and eviction was ordered against the respondent/tenant. Aggrieved against the order of eviction, the respondent/tenant filed RCA No.11 of 2015 on the file of Subordinate Judge, Tambaram.
4. The learned counsel for the petitioner submitted that the appeal is pending from the year 2015 and was unnecessarily adjourned periodically without conducting the trial. In these circumstances, the petitioner has come out with the present civil revision petition, for early disposal of the suit.
5. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
6. Taking into consideration the limited prayer sought for in the civil revision petition and the fact that the suit is pending from the year 2015, without expressing any opinion with regard to the merits of the matter, the learned Subordinate Judge, Tambaram is directed to dispose of the appeal in R.C.A. No.11 of 2015, on merits and in accordance with law, as expeditiously as possible, in any event, not later than 30th September 2017.
7. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.
10.04.2017 Speaking/Non-Speaking order Index :Yes/No rgr To The Subordinate Judge, Tambaram.
V.M.VELUMANI,J.
rgr C.R.P.(PD)No.1314 of 2017 10.04.2017 http://www.judis.nic.in