D.A. Selvam v. M/S. Home Finders Housing Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.08.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN C.R.P.(PD)No.3252 of 2015 1.D.A.Selvam 2.L.A.Selvam ... Petitioners v.

M/s.Home Finders Housing Ltd., Represented by its Chairman and Manging Director, Race View Towers No.71, Mount Road, Guindy, Chennai - 600 032.

... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Poonamallee for disposal of the long pending application within a period of stipulated time in I.A.No.262 of 2014 in O.S.No.154 of 2008 on the file of the Subordinate Judge, Poonamallee and allow this revision petition.

For Petitioner : Mr.V.Manohar

O R D E R

The revision petitioners are the plaintiffs in O.S.No.154 of 2008 on the file of the Subordinate Court, Poonamallee. The respondent is the defendant in the suit.

2. The plaintiffs filed the suit in O.S.No.154 of 2008 for a direction to the defendant to vacate and hand over vacant possession of the B schedule property.

3. While so, the defendant filed an application in I.A.No.262 of 2014 under section 9 of the Madras City Tenants Protection Act to direct the plaintiffs to sell the schedule B of the suit property.

4. The plaintiffs filed the above Civil Revision Petition to dispose of the application in I.A.No.262 of 2014 in O.S.No.154 of 2008 on the file of Subordinate Court , Poonamallee, within a stipulated time.

5. Since the application filed under section 9 of the Madras City Tenants Protection Act has to be decided along with a suit, a direction is issued to the Subordinate Court , Poonamallee, to dispose of the suit in

O.S.No.154 of 2008 along with I.A.No.262/2014 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

The Civil Revision Petition is disposed of accordingly. No costs. Index : No 19.08.2015 Rj To The Subordinate Court , Poonamallee,

D.HARIPARANTHAMAN,J., Rj C.R.P.(PD)No.3252 of 2015 19.08.2015 C.R.P.(PD).No.3252 of 2015

D.HARIPARANTHAMAN, J On being mentioned, the matter is taken up today and para 5 of the order dated 19.8.2015 made in C.R.P. (PD) No.3252 of 2015 is modified as follows:- " 5. With the consent of both parties, a direction is issued to the Subordinate Court, Poonamallee to dispose of I.A.No.262 of 2014 in O.S.No.154 of 2008 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order." Registry is directed to issue fresh order copy to the parties concerned.

29.10.2015 sbi

D.HARIPARANTHAMAN, J sbi C.R.P.(PD).No.3252 of 2015 DATED: 29.10.2015