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Madras High CourtCRP/4498/2017disposed of

Arivazaghi v. Sivarama Krishnana

2018-04-05Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.04.2018

CORAM

THE HON'BLE MR.JUSTICE P.VELMURUGAN CRP.(PD).No.4498 of 2017 and CMP.No.21246 of 2017 Arivazaghi ... Petitioner .Vs.

Sivarama Krishnan

...Respondent

Prayer : Civil Revision Petition is filed Under Section 115 Civil Procedure code to call for the records and set aside the fair order and decreetal order dated 27.11.2017 passed in E.P.No.440 of 2016 in R.C.O.P.No.1569 of 2014, passed by the learned XV Court of small Causes, Chennai and allow the Civil Revision Petition with costs and to pass orders.

For Petitioner : M/s.Ganesh and Ganesh For Respondent : Mr.T.N.C.Kaushik

O R D E R

This application has been filed to call for the records and set aside the fair and decreetal orders dated 27.11.2017 passed in E.P.No.440 of 2016 in R.C.O.P.No.1569 of 2014, passed by the learned XV Court of small Causes, Chennai.

2.According to the revision petitioner, the eviction was ordered under Section 11(3) and 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act in RCOP.No.1569 of 2014, which was under challenge in Rent Control Appeals Nos.692 and 693 of 2017 which is said to be pending for adjudication. The dispute between the landlord and tenant is the subject matter of the Rent Control Appeal and the same is pending before the Rent Control Appellate Authority, since, the revision petitioner has approached the Appellate Authority by invoking the statutory provisions of the Act and the Execution Petition Need not be proceeded further at this stage.

4.In order to avoid multiplicity of proceedings in R.C.A.Nos.692 and 693 of 2017 this Court is inclined to direct the Appellate Authority to dispose the Rent Control proceedings on or before 25.04.2018 without getting extention at any cause. Therefore, both the counsel

are directed to co-operate before the Rent Control Appellate Authority for speedy disposal.

5. With the above observations this Revision petition is disposed of. Consequently the connected miscellaneous petition is closed. No costs.

05.04.2018 Index : Yes/No Internet: Yes/No smn Note: Issue order copy on 06.04.2018 To, The XV Court of small causes, Chennai.

P.VELMURUGAN.,J.

smn CRP.(PD).No.4498 of 2017 and CMP.No.21246 of 2017 05.04.2018