P. Devichand v. B. Devendarlal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA P.Devichand ... Petitioner ..Vs..

1.B.Devendarlal 2.D.Sasikala ... Respondents Prayer :- Civil Revision Petition filed under Article 227 of the Constitution of India, to order for early disposal of R.L.T.O.P.No.57 of 2019, on the file of the XIII Small Causes Court at Chennai. For Petitioner : Mr.Ralph V.Manohar For Respondents : No appearance

O R D E R

This Civil Revision Petition has been preferred seeking a direction to dispose R.L.T.O.P.No.57 of 2019 pending on the file of the XIII Small Causes Court, Chennai.

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2. Heard the learned counsel for the petitioner and perused the materials available on record. There is no representation for the respondents.

3. The revision petitioner is the landlord, who filed the eviction petition in R.L.T.O.P.No.57 of 2019 against the respondents on the grounds of willful default and non execution of tenancy agreement. The said petition is pending for nearly two years. Further, the adjudication of the Court proceedings would show that presently the case is at part heard stage. During the pendency of the said proceedings, a miscellaneous petition has been filed to scrap the evidence of P.W.1. Unless the learned trial Judge disposes the miscellaneous petition, the main proceedings cannot be progressed.

4. Taking into consideration the pendency of R.L.T.O.P.No.57 of 2019 for more than two years, it will be appreciable that the learned XIII Small Causes Court, Chennai bestows his best interest to dispose the Page No.2/4

matter as early as possible. Otherwise, the fast track mechanism provided under The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 will be defeated. It is to be noted that the revision petitioner who is a landlord is a senior citizen and the Courts have to give priority to dispose the cases of senior citizens.

5. In view of the above, this Civil Revision Petition is disposed of and the learned Judge, XIII Small Causes Court, Chennai is directed to dispose of R.L.T.O.P.No.57 of 2019 as expeditiously as possible preferably, within a period of six months from the date of receipt of a copy of this order. No costs.

04.07.2022 Index:Yes No Speaking Order:Yes/No ms To The Judge, XIII Small Causes Court, Chennai.

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R.N.MANJULA, J.

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