Brijesh Kumar Yadav v. South India Metal Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM:

THE HON'BLE DR.JUSTICE D.NAGARJUN C.R.P.Nos.1822 and 1823 of 2023 1.Brijesh Kumar Yadav 2.Umesh Kumar Yadav 3.Mukul Kumar Yadav ... Petitioners in both C.R.Ps Vs.

M/s.South India Metal Industries, Rep.by its partners Ashok Kumar Mehta, Kapil A.Mehta, Sidarth A.Mehta, No.223, Linghi Chetty Street, Mannady, George Town, Chennai - 600 001.

... Respondent in C.R.P.No.1822/2023 M/s.Naresh Steel Centre, Rep.by its proprietor, Montu N.Shah, S/o.Late Shri.Naresh K.Shah, No.223, Linghi Chetty Street, Mannady, George Town, Chennai - 600 001.

... Respondent in C.R.P.No.1823/2023 1/4

COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India to fix a time frame to dispose of RLTOP Nos.820 & 821 of 2021 pending on the file of the XIII Small Causes Court, Chennai.

For Petitioners :

Mrs.A.Vinupradha in both C.R.Ps C O M M O N O R D E R Heard Mrs.A.Vinupradha, learned counsel for the petitioners and perused the records.

2. These civil revision petitions are filed seeking a direction to the learned Judge, XIII Small Causes Court, Chennai to dispose of RLTOP Nos.820 & 821 of 2021 within a time frame as fixed by this Court. 3.

The petitioners are the landlords, who have filed R.L.T.O.P.Nos.820 and 821 of 2021 under Sections 21(2)(a), 21(2)(g) and 23 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 against the respondents seeking eviction. 2/4

4. It is submitted by the learned counsel for the petitioners that both the petitions are filed in the year 2021 and number of adjournments have been taken by the respondents, thereby, enquiry could not be proceeded with and the case is still pending.

5. On a perusal of the adjudication proceedings in respect of these petitions, it is seen that time was extended many a times for filing of counter. As per the proceedings dated 20.02.2023, the matter is ordered to be listed on 16.3.2023, with a condition to file counter. It is reported by the learned counsel for the petitioners in spite of conditional order, counter has not been filed.

6. Considering the circumstances, the learned XIII Judge, Small Causes Court, Chennai is directed to fix specific date for filing of counter, and after filing the counter, the learned XIII Judge, Small Causes Court, Chennai is directed to proceed with the enquiry and dispose of the case as expeditiously as possible, not later than six months from the date of receipt of a copy of this order.

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Dr.D. NAGARJUN, J.

ms/mvs.

7. With the above directions, these civil revision petitions are disposed of. There shall be no order as to costs. .

20.06.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms/mvs.

To The Judge, XIII Small Causes Court, Chennai.

C.R.P.Nos.1822 and 1823 of 2023 4/4