Madras High CourtCRP/1312/2022disposed of

M/S.Arun Rajammal Charitable Trust v. S.Ganesh

2024-09-12Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR CRP(NPD) Nos.1312 & 1315 of 2022 M/s. Arun Rajammal Charitable Trust, represented by its President, Dr.V.Shanmugapandi, No.93-98, Arul Raj Building, DB Road, RS Puram, Coimbatore 641 002 ...

Petitioner in both CRPs Vs.

1. S. Ganesh

2. M/s. Vanthana Cloth Center, rep. By Suresh Vaswani, No.67, 1/D, Lavile Road, 4th Cross, Bangalore 560001 ... Respondents in both CRPs Common Prayer : Both the Civil Revision petition has been filed under Article 227 of the Constitution of India to set aside the docket order dated 07.04.2022 made in EA.CFR No.7718 of 2022 and 7719 of 2022 respectively inE.P.No.233 of 2021 in RCOP No.87 of 2005 on the file of the Principal District Munsif Curt, Coimbatore and consequently direct the learned District Munsif to number the EA.

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For Petitioner :

Mr. P. Saravana Sowmiyan For respondents :

Mr. C.R.Basanan, for R1 COMMON ORDER Earlier, this Court vide order dated 12.09.2024 disposed of this Civil Revision Petition with the following directions : (i) The Rent Controller shall take up EA.CFR.No.7718 of 2022 on file and hear the petitions regarding the question of maintainability and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner to put forth his submissions.

(ii) If the learned Judge is convinced with the reasons adduced by the petitioner as to the maintainability of the petition, the petition shall be numbered, if it is otherwise in order.

(iii) The said process shall be completed within a period of 3 months from the date of receipt of a copy of this order "

2. Even though by communication dated 05.03.2025, the Judicial 2/4

Officer has sought time to comply with the above said direction issued by this Court on 12.09.2024 in CRP(NPD) No.1312 & 1315 of 2022, the learned counsel appearing for the first respondent/decree holder would submit that the maintainability of the issue has already been decided by the Court below. Against which, he is likely to prefer the revision before this Court.

3. In view of above submission of the learned counsel for the first respondent/decree holder, no further order requires to be passed based on the communication of the Judicial Officer.

25.06.2025 mrp To

1. The II Additional District Munsif Court, Salem.

2. The Principal Subordinate Court, Salem N. SATHISH KUMAR, J.

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mrp .

CRP Nos.1312 & 1315 of 2022 25.06.2025 4/4