Madras High CourtCRP/1640/2023disposed of

D.Daniel v. U.Padmavathy

2023-05-10Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2023

CORAM:

THE HON'BLE MR.JUSTICE P.B.BALAJI Mr.D.Daniel ... Petitioner Vs.

1.Mrs.U.Padmavathy 2.Ms.Lakshmi ... Respondents PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, for direction of this Court for time bound disposal of E.P.No.503 of 2022 in RLTOP No.465 of 2021, before XIII Small Causes Court, Chennai.

For Petitioner : Mr.D.Daniel (Party-in-person)

O R D E R

This Civil Revision Petition has been filed seeking direction of this Court for time bound disposal of E.P.No.503 of 2022 in RLTOP No.465 of 2021, before XIII Small Causes Court, Chennai. 1/4

2. The proceedings in RLTOP No.465 of 2021 have been initiated by the party-in-person for recovery of possession from the respondents. In this regard, E.P.No.503 of 2022 is pending on the file of XIII Small Causes Court, Chennai. It is the grievance of the petitioner that the proceedings are being delayed without any justifiable reason or cause and as a landlord, he has been seriously prejudiced.

3. The Execution Petition is in furtherance of the decree passed in RLTOP No.465 of 2021. The very scheme of the Act viz., The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 is for effective and speedy remedy to the litigants. The Execution Petition filed under Section 39 of the Act, is required to be disposed of within a period of 30 days. However, it is seen from the records that the Execution Petition is pending from 23.05.2022, almost for one year.

4. Considering the limited prayer sought for in the Revision Petition, this Court feels that no prejudice would be caused to the respondents, if a direction is given to the Rent Court to decide the Execution Petition on merits, within a period of 30 days from the date of receipt of a copy of this order. 2/4

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

Index: Yes/No 10.05.2023 Speaking / Non Speaking Order gsk To XIII Small Causes Court, Chennai.

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P.B.BALAJI, J.

gsk 10.05.2023 4/4