P. Arunkumar v. N. Vijaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE N.SESHASAYEE CRP.PD.No.2123 OF 2018 AND CMP.NO.13016 OF 2018 P.ARUNKUMAR [PETITIONER IN BOTH THE PETITIONS] Vs N.VIJAYA [RESPONDENTS IN BOTH THE PETITIONS] (i)Petitions Under Section 227 of the Constitution of India Act against the Farir and Decreetal Order made in M.P.No.134/2017 in RCOP. No.120/2014 dated 07.12.2017 by the Principal District Munsif at Alandur (in CRP.PD.No.2123/18)and;

(ii) To stay the operation of the order in E.P.6/2016 in RCOP No.120/2014 on the file of Rent Controller and Principal District Munsif, Alandur (in CMP.No.13016/18) pending disposal of the above CRP.PD.No.2123/18) respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.S.KALIMUTHU Advocate for the petitioner in both the petitions and of M/S.T.SATLIN SELVAMANI Advocate for the respondent in both the petitions the court made the following order:- The revision petitioner/respondent before the Rent Controller, has come forward with the present revision. Challenging an order dismissing his application to condone the delay in filing of a petition to set aside the ex-parte order passed, in an eviction petition filed by the respondent - landlord, this revision is filed.

2. The learned counsel for the petitioner submitted that the main Rent Control Petition is still pending. Caveator's name finds place in the order as 'no appearance'. However, the matter was called a few times, only the petitioner was present.

3. This Court finds prima facie case and there shall be an order of interim stay.

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4. Notice to the respondent returnable by 29.08.2018. Private notice is also permitted.

-sd/- 01/08/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRINCIPAL DISTRICT MUNSIF, ALANDUR.

C.C. to M/S.N.UMAPATHI Advocate SR.No.9213 The Government Advocate, High Court, Madras - 104. Order in CRP.PD.No.2123 OF 2018 AND CMP.NO.13016 OF 2018 Date :01/08/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 10.08.2018 https://hcservices.ecourts.gov.in/hcservices/