Madras High CourtCRP/1396/2019disposed of

Arul Nayagam v. Y.Subba Rao

2019-04-10Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2019

CORAM:

THE HONOURABLE MS.JUSTICE P.T. ASHA C.R.P. NPD No.1396 of 2019 and C.R.P. PD No.1409 of 2019 and CMP Nos.9183 and 9262 of 2019 Arul Nayagam .. Petitioner in C.RP. No.1396 of 2019 Krishna Arul .. Petitioner in C.R.P. No.1409 of 2019 Vs.

1. Y. Subba Rao .. 1st respondent in both revision petitions

2. Krishna Arul .. 2nd respondent in C.RP. No.1396 of 2019

2. Arul Nayagam .. 2nd respondent in C.R.P. No.1409 of 2019 Prayer in C.R.P. No.1396 of 2019 : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside order of the Learned VII Judge, Small Causes Court, Chennai in the memo dated 27.03.2019 in RCA No.13 of 2016 and thereby direct that R.C.A. 13 of 2016 be decided only after the disposal of MP No.166 of 2019 in RCA SR No.22322 of 2015.

Prayer in C.R.P. No.1409 of 2019 : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside order of the Learned VII Judge, Small Causes Court, Chennai in the memo dated 27.03.2019 in RCA No.13 of 2016 and thereby direct that R.C.A. 13 of 2016 be decided only after the disposal of MP No.165 of 2019 in RCA SR No.22316 of 2015. For Petitioners in both CRps : Mr.R. Parthasarathy For respondents : Mr.Subbareddy for R1 in both CRPs COMMON

ORDER

By consent of both the parties, both the Civil Revision Petitions are taken up for hearing, today.

2. The learned counsel for the petitioners and the first respondent in both Civil Revision Petitions have agreed that the delay in representation (in Mp No.166 of 2019 in RCA SR No.22322 of 2015 and MP No.165 of 2019 in RCA SR No.22316 of 2015) and delay in filing (in MP SR No.23710 of 2019 and MP SR No. 23714 of 2019) may be condoned and the trial Court may be directed to number the appeals.

3. Considering the submission so made by the learned counsel on either side and being satisified with the reasons stated in the affidavits filed in support of these petitions, the delay in representation and delay in filing is condoned.

4. The learned Appellate authority is directed to number the two cases, forthwith and post the matter for further hearing along with RCA No.13 of 2016 on 26.04.2019, when the matter is scheduled to be posted "for hearing".

5. The revision petitioners shall place their arguments in the said two appeals on 26.04.2019. The trial Court is directed to number the RCAs, since common order has passed and both the Memos are in SR stage itself.

6. These Civil Revision Petitions are disposed of, accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 10.04.2019 Internet: Yes/No Index: Yes/No Speaking order/Non-speaking order vsi2 Note to office : Issue order copy on 15.04.2019

P.T. Asha J.

vsi2 To The Learned VII Judge, Small Causes Court, Chennai C.R.P. NPD No.1396 of 2019 and C.R.P. PD No.1409 of 2019 10.04.2019