N.R. Arumugam (Died) v. M. Jeeva
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2016
CORAM
THE HONOURABLE Dr.JUSTICE S.VIMALA CRP (NPD) No.1111 of 2016 N.R.Arumugam (died) A.Kasthuri W/o.N.R.Arumugam "Muthukumaran Kudil"
Door No.22/12, Ganapathi Street, Poombugar Nagar South, Kolathur, Chennai - 600 099.
.. Petitioner Vs M.Jeeva S/o.Muthiyapidaran Old Door No.16/13, New No.AP 106, 12th Street, 2nd Sector, K.K.Nagar, Chennai - 600 078.
.. Respondent Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the VII Small Causes Court, Chennai, to dispose of the appeal in RCA.No.678 of 2013 on its file expeditiously within a stipulated time as fixed by this Hon'ble Court preferably within two months or within reasonable time. For Petitioner :Mr.S.Vijayaraghavan
ORDER
The wife of the landlord in RCOP.No.1712 of 2011 is the revision petitioner herein.
2. The landlord and his wife have filed a petition in RCOP.No.1712 of 2011 on the file of Small Causes Court, Chennai, for eviction on the ground of owners' occupation. The same was ordered on 24.09.2013, directing the tenant to vacate the premises. Challenging the order of eviction, the tenant has filed an appeal in RCA.No.678 of 2013.
3. During the pendency of the appeal in RCA.No.678 of 2013, the first respondent in RCA.No.678 of 2013 (1st petitioner in RCOP.No.1712 of 2011) died and an application in M.P.No.628 of 2015 was filed by the tenant to implead the legal representatives of the deceased landlord.
That application was allowed on 09.07.2015.
4. For not carrying out the amendment, the Rent Control Appeal in RCA.No.678 of 2015 was dismissed for default on 06.08.2015. Thereafter, the tenant filed an application for restoration of appeal in RCA.No.678 of 2015 and the same was restored to file on 11.12.2015.
5. It is represented by the learned counsel for the revision petitioner/landlady that the tenant is filing miscellaneous petitions only for the purpose of dragging on the proceedings and therefore, in order to avoid frequent adjournments being given, the landlady/revision petitioner herein seeks a direction for expeditious disposal.
6. It is submitted that the landlady is a senior citizen, expecting to see the fruits of the decree. Having regard to the limited prayer for expeditious disposal, this Civil Revision Petition is disposed of, with a direction to the Small Causes Court, Chennai, to dispose of the RCA.No.678 of 2013, within a period of two months from the date of receipt of a copy of this order.
7. With the above direction, this Civil Revision Petition stands disposed of. No costs.
15.04.2016 ds To:
The Small Causes Court, Chennai,
S.VIMALA,J.
ds CRP (NPD) No.1111 of 2016 15.04.2016