Karthikeyan Educational Charitable Trust v. Jagadheesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.1362 of 2024 and C.M.P.No.7326 of 2024 Karthikeyan Educational Charitable Trust Rep by its Secretary L.Arunagiri S/o.Kandasamy Mittathinnahalli village and post, Dharmapuri Taluk, Dharmapuri District ... Petitioner Vs.

1.Jagadheesan 2.Karthikeyan Educational Charitable Trust Rep by its President Krishnaraj, D.No.167, Papparappatti Main Road, Pennagaram Taluk, Dharmapuri District.

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to issue direction to the learned Principal Sub-Court, Dharmapuri to dispose of the Interlocutory Application in I.A.No.5 of 2024 in R.C.A.No.1 of 2022 within the time frame fixed by this Court. 1/5

For Petitioner :Mr.V.Elangovan

ORDER

The Civil Revision Petition is filed seeking a direction to learned Principal Sub-Judge, Dharmapuri to dispose of the Interlocutory Application in I.A.No.5 of 2024 in R.C.A.No.1 of 2022 within the time frame fixed by this Court.

2. In view of limited prayer made in this revision, this Court is inclined to dispose the same even without notice to the respondents.

3. The 1st respondent herein filed a rent control eviction petition in R.C.O.P.No.5 of 2011 against the petitioner and eviction order was passed by the learned Rent Controller, Dharmapuri. Aggrieved by the same, the petitioner preferred an appeal in R.C.A.No.1 of 2022 on the file of the Principal Sub-Court, Dharmapuri and the same is pending. 2/5

4. Since the 1st respondent proceeded with the execution of eviction order, the petitioner filed an application in I.A.No.5 of 2024 seeking stay of execution. It is seen from the adjudication sheet filed in the typed set of papers, the said I.A.No.5 of 2024 is pending from 12.01.2023 onwards without any progress.

5. The learned counsel for the petitioner submits that delivery is already ordered by the learned Rent Controller. In such circumstances, this Court is inclined to direct the Principal Sub-Court, Dharmapuri to dispose of the I.A.No.5 of 2024 as expeditiously as possible taking into consideration the pendency of the execution application before the Trial Court.

6. With this direction, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.03.2024 Index : Yes / No Internet : Yes / No 3/5

nr Note:Issue order copy on 28.03.2024.

S.SOUNTHAR , J.

nr To The Principal Sub-Court, Dharmapuri CRP.No.1362 of 2024 and C.M.P.No.7326 of 2024 4/5

27.03.2024 5/5