Madras High CourtCRP/1522/2018disposed of

Zoyab Ali Hussain v. M/S. Jupiter Jewelers

2018-06-18Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.6.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH Civil Revision Petition (NPD) Nos.1522 & 1523 of 2018 Zoyab Ali Hussain ..

Petitioner in both CRPs.

Vs.

M/s. Jupiter Jewellers rep. by Yuvaraj Rani No.128/260, Mubarak Plaza Shop No.7, Angappa Naicken Street Respondent in Parrys, Chennai 600 001.

CRP PD No.1522/18 Yuvaraj Rani ..

Respondent in CRP PD No.1523/18 ----- Petitions under Section 115 of Civil Procedure Code to number EP(SR) Nos.26708 & 26704 of 2018 in RCOP Nos.254 & 255 of 2014 respectively on the file of XVI Small Causes Court, Chennai.

------ For Petitioner : Mr.S.Viswanathan -----

O R D E R

These civil revision petitions have been filed for a direction to the XVI Small Causes Court, Chennai, to number EP(SR) Nos.26708 & 26704 of 2018 in RCOP Nos.254 & 255 of 2014 respectively.

2. Heard the learned counsel appearing for the petitioner.

3. The petitioner, who is the landlord, filed petitions under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent) Control Act for eviction of the respondents on the ground of wilful default and the same were allowed. The appeals filed by the respondents were dismissed. Therefore, the petitioner filed execution petitions before the Small Causes Court. It appears that the Registry of Small Causes Court has returned the papers without numbering, since the petitioner has not produced the decree and judgment made in the appeals. Though the petitioner has made an endorsement that the execution petitions are maintainable on the basis of the original decree and judgment of the trial Court, the petitions have not been numbered and therefore, the petitioner has come up with the above petitions.

4. In the light of the facts and circumstances of the case, this Court thinks it proper to issue a direction to the Registry of Small Causes Court to number the Execution Petitions. Accordingly, the Registry of Small Causes Court is directed to number the Execution Petitions, without going into technicalities. These civil revision petitions are disposed of accordingly. 18.6.2018.

kpl

To The Registrar Court of Small Causes Chennai.

HULUVADI G.RAMESH,J kpl CRP NPD Nos.1522 & 1523 of 2018.

18.6.2018.