Banupriya v. R. Govindaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.07.2024 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Civil Revision Petition (NPD) No. 2713 of 2024 Banupriya .. Petitioner

Versus

R.Govindaraj .. Respondent Prayer : Civil Revision Petition filed under Section 151 of CPC, to set aside the impugned Judgment and Decree dated 05.03.2024 in E.P.No.247 of 2023 in R.C.O.P.No.128 of 2016 on the file of the learned Rent Controller cum Additional District Munsif, Coimbatore.

For the Petitioner : Mr.P.Madhavan

O R D E R

The petitioner/tenant suffered eviction order in RCOP No.128 of 2018. Against which, he had preferred an appeal in RCA No.37 of 2022, which is pending for arguments on 05.01.2024. Later, the respondent/landlord filed

an execution petition in E.P.No.247 of 2023 and the same was allowed on 05.03.2024 ordering delivery of possession.

2. The learned counsel appearing on behalf of the petitioner fairly states that the premises was vacated and handed over to the respondent/landlord and the RCA No.37 of 2022 is pending. He also stated that no stay order has been granted in the appeal.

3. In any event, the Rent Control Appeal is a statutory appeal and in the event, the petitioner succeeding in the appeal, he may be granted repossession of the vacant premises. Therefore, the Principal Subordinate Judge, Coimbatore, before whom the RCA No.37 of 2022 is pending is directed to dispose of the same within a period of two months from the date of receipt of a copy of this order.

4. With the above direction, this Civil Revision Petition stands disposed of. No costs.

26.07.2024 Jer Index : Yes / No Internet:Yes / No Speaking order / Non-speaking order

To The Rent Controller cum Additional District Munsif Coimbatore.

M.NIRMAL KUMAR, J., Jer Civil Revision Petition (NPD) No. 2713 of 2024 26.07.2024