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Madras High CourtCRP/3124/2016dismissed

Murugaiyan v. Mohammed Ismail

2021-07-16Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA and C.M.P.Nos.15881 & 15882 of 2016 Murugaiyan ... Petitioner in CRP.No.3124/2016 S.Ramesh ... Petitioner in CRP.No.3125/2016 Vs.

1.Mohammed Ismail 2.Abdul Jabbar ... Respondents in both CRPs Common Prayer: These Civil Revision Petitions are filed under Section 115 CPC r/w Section 6-B of Tamil Nadu Cultivating Tenants Protection Act 1955 against the order dated 12.09.2016 made in E.P.No.1 of 2016 and E.P.No.2 of 2016 respectively, on the file of the Special Deputy Collector (Revenue Court), Nagapattinam.

For Petitioners : Mr.T.Seenivasan (in both CRPs) For Respondents : Mr.A.Sundaravadhaman (in both CRPs) 1/4

COMMON ORDER (Heard through video conferencing) These Civil Revision Petitions have been filed for setting aside the Order of the Special Deputy Collector (Revenue Court), Nagapattinam, dated 12.09.2016 in E.P.Nos.1 & 2 of 2016.

2. The petitioners are the cultivating tenants under the respondents. The respondents have filed the petitions for Eviction against the petitioners before the Revenue Court, Nagapattinam and that had been allowed. Having got the Eviction Orders, the petitioners have also filed the Execution Petitions before the Special Deputy Collector (Revenue Court), Nagapattinam. The Orders of Eviction has been passed against the petitioners because of their default in paying the lease amount. Though the petitioners have stated that they have challenged the Eviction Orders, no stay Order has been obtained. In view of the same, nothing prevents the Executing Court from executing the Eviction Orders. Therefore, I find no merit in this petition. 2/4

In the result, these Civil Revision Petitions are dismissed and the Order of the Special Deputy Collector (Revenue Court), Nagapattinam, dated 12.09.2016 in E.P.Nos.1 & 2 of 2016, is confirmed. No costs. Connected civil miscellaneous petitions are closed.

16.07.2021 Speaking/Non-speaking Index: Yes/No Sni To 1.The Special Deputy Collector (Revenue Court), Nagapattinam.

2.The Section Officer, V.R.Section, High Court, Madras.

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R.N.MANJULA,J.

Sni 16.07.2021 4/4