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Madras High CourtCRP/1547/2021disposed of

R.Chandrasekaran (Senior Citizen) v. N.Murugan

2021-09-03Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN C.R.P. (PD) No.1547 of 2021 R.Chandrasekaran ...

Petitioner / Landlord versus N.Murugan ...

Respondent / Tenant PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to order for speedy disposal of E.P.No.175 of 2013 in R.C.O.P.No.42 of 2009 pending on the file of the learned District Munsif, Alandur and allow the Civil Revision Petition. For Petitioner : Mr.Suresh

O R D E R

This Civil Revision Petition is filed seeking direction to the learned District Munsif, Alandur, to dispose of E.P.No.175 of 2013 in R.C.O.P. No.42 of 2009.

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2.

The learned counsel for the petitioner submitted that, R.C.O.P.No.42 of 2009 was filed on the ground of wilful default and demolition and reconstruction. The eviction was ordered on the ground of wilful default. Against the said order, the respondent preferred Rent Control Appeal in R.C.A.No.13 of 2013. This R.C.A. was dismissed and the order of the learned Rent Controller, was confirmed. The respondent preferred C.R.P.Nos.1701 of 2017 and 2311 of 2019, against the judgment in R.C.A.No.13 of 2013 and that was dismissed on 28.02.2020. The respondent also filed E.A.No.152 of 2018 under Section 47 read with Section 94(e) and read with Section 151 of C.P.C. 3.

The eviction was ordered on 28.06.2013 and that was confirmed by this Court on 28.02.2020. The petitioner is not able to taste the fruits of the eviction order because of filing of the application by the respondent before the trial Court. The learned counsel for the petitioner submitted that, there is no S.L.P. preferred against the common order passed in C.R.Ps.

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4.

Considering the fact that, R.C.O.P. was filed in the year 2009 and the eviction was ordered on 28.06.2013 and that was confirmed by this Court in C.R.P.Nos.1701 of 2017 and 2311 of 2019 on 28.02.2020, this Court directs the learned District Munsif, Alandur, to dispose of E.P.No.175 of 2013 in R.C.O.P.No.42 of 2009, including any application pending, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. 5.

This Civil Revision Petition is disposed of accordingly. However, there is no order as to costs.

03.09.2021 Speaking order / Non-speaking order Index : Yes / No sri To The District Munsif, Alandur.

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G.CHANDRASEKHARAN, J.

sri C.R.P. (PD) No.1547 of 2021 03.09.2021 4/4