N. Shait v. V. Hithayathulla

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 09.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRP NPD No.2181 of 2025 N.Shait . . . Petitioner

Versus

V.Hithayathulla . . . Respondent PRAYER : Petition filed under Article 227 of Constitution of India to direct the District Munsif [Rent Controller], Thiruvarur to dispose of the Execution Petition in E.P.No.3 of 2024 in R.C.O.P.No.8 of 1997 within the stipulated time.

For petitioner : Ms.P.Srividhya

O R D E R

This Civil Revision Petition has been filed for a direction to the District Munsif [Rent Controller], Thiruvarur to dispose of the Execution Petition in E.P.No.3 of 2024 in R.C.O.P.No.8 of 1997 within the stipulated time. Page 1 / 4

2. The petitioner had filed the Rent Control Proceedings in R.C.O.P.Nos.8 and 21 of 1997 for eviction of the respondents/tenants on the ground of willful default and as the building is in dilapidated condition and it requires immediate demolition and reconstruction. The respondent filed R.C.O.P.No.9 of 1997 for depositing the rent to the credit of the Court. The Rent Controller Authority after enquiry Ordered eviction in R.C.O.P.Nos.8 and 21 and dismissed the RCOP.No.9 of 1997. The appeal filed as against the Rent Controller Appellate Authority has been dismissed R.C.A.Nos.9 to 11 of 2001. As against which, the respondent had also filed Civil Revision Petition in CRP.NPD.Nos.646, 647 and 649 of 20204 and same had also been dismissed on 10.01.2025. The grievance of the petitioner is that though he has filed the Execution Petition in E.P.

No.3 of 2024 in R.C.O.P.No.8 of 1997, the respondent is in one way or other protracting the execution proceedings. he is The petitioner is aged 85 years and he was not able to reap the fruits of the order of eviction. Hence, the present revision has been filed seeking direction for speedy disposal of the execution proceedings.

3. Considering the limited prayer sought for in this revision petition, without going into merits of the case, the learned District Munsif [Rent Controller], Thiruvarur is directed to dispose of the execution proceedings in E.P.No.3 of 2024 in R.C.O.P.No.8 of 1997 expeditiously, within a period of six months from the date of receipt of a copy of this Order.

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

09.06.2025 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To, The District Munsif [Rent Controller], Thiruvarur Page 3 / 4

N. SATHISH KUMAR, J.

vrc CRP NPD No.2181 of 2025 09.06.2025 Page 4 / 4