Madras High CourtCRP/374/2018disposed of

S.D. Vijayashankar v. Mohanasundaram

2018-02-01Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 374 of 2018 Dr. S. D. Vijayasankar .. Petitioner Vs.

1. Mohanasundaram

2. C. Periyasamy .. Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to give a general direction to the District Munsif Court, Gobichettipalayam to dispose of the E.P. No. 2 of 2015 in RCOP No. 9 of 2008 pending on its file within a time frame fixed by this Court. For Petitioner : Mr. P.V. Sudakar

O R D E R

The present Civil Revision Petition is filed seeking to issue suitable directions to the District Munsif Court, Gobichettipalayam to dispose of the E.P. No. 2 of 2015 in RCOP No. 9 of 2008 pending on its file within a time frame fixed by this Court.

2. The petitioner has filed the main petition in RCOP No.9 of 2008 for eviction of the respondents and the same was allowed by the Rent Control Authorities. According to the petitioner, the certified copy of the order was received on 30.06.2014 and thereafter execution proceedings were initiated. The petitioner filed E.P. No. 2 of 2015 before the District Munsif Court, Gobichettipalayam and the same is pending. The learned counsel for the petitioner would submit that the respondents have filed a Memo dated 24.11.2017 before the District Munsif Court, Gobichettipalayam stating that the respondents have preferred a Civil Revision Petition but has not received the order copy and has insisted to adjourn the matter by 15 days. As on today, there is no legal impediment to dispose of the said petition.

3. Considering the facts of the case and the submission of the learned counsel for the petitioner, since there is no legal impediment to dispose of the said petition, without going into the merits of the case, this Court is inclined to direct the District Munsif Court, Gobichettipalayam, to dispose of E.P. No.2 of 2015 in RCOP No. 9 of 2008, as expeditiously as possible, preferably within a period of three

months from the date of receipt of a copy of this order.

4. The Civil Revision Petition is disposed of, with the above directions. No costs.

01.02.2018 Index: Yes/ No Speaking Order/Non Speaking Order avr To The District Munsif Court, Gobichettipalayam

D. KRISHNAKUMAR J., avr CRP (PD) No. 374 of 2018 01.02.2018