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Madras High CourtCRP/1772/2019disposed of

Sri Sundara Vinayagar Sri Selva Vinayagar v. P.Srinivasan

2019-05-16Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.05.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(NPD)No.1772 of 2019 Sri Sundara Vinayagar Sri Selva Vinayagar Anjaneyaswamy Devasthanam Rep. By its Chairman 87, Royapetth High Road Mylapore Chennai- 600 004.

.. Petitioner Vs.

P.Srinivasan (Deceased) 1.P.Bhavani 2.S.Tharun Kumar 3.P.Rani .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 09.05.2019 passed in E.P.Sr.No.7070 of 2019 in O.S.No.7329 of 2010 by the learned XVIII Assistant Judge, City Civil Court, Chennai.

For Petitioner : Mr.Prakash Goklaney

O R D E R

This Civil Revision Petition is filed against the order of rejection of the Execution Petition filed during the vacation court by the Registry of XVIII Assistant City Civil Court, Chennai.

2. The learned counsel for the petitioner submitted that the respondents have filed a second appeal in S.A.No.487 of 2014 before this Court. This Court by order dated 04.01.2019 directed the respondents to vacate the premises within a period of three months. He further submitted that as per the order passed by this Court in S.A.No.487 of 2014, the three months period granted by this Court is already over and now the respondents are making an attempt to let the premises for sublease. Therefore there is an urgency for filing the E.P. during the vacation before the City Civil Court. However, the Court below rejected the said petition and therefore, the petitioner has come forward with the present Civil Revision Petition.

3. Heard the learned counsel appearing for the petitioner.

4. Considering the facts and circumstances of the case, this Court directs the Registry of the XVIII Assistant City Civil Court, Chennai to take E.P.Sr.No.7070 of 2019 in O.S.No.7329 of 2010 on record and place it before the concerned Judge for adjudication.

This Civil Revision Petition is disposed of. No costs. 16.05.2019 Index : Yes/No speaking order / non-speaking order vsm/sri

To The XVIII Assistant City Civil Court, Chennai

KRISHNAN RAMASAMY, J.

vsm/sri C.R.P.(NPD) No.1772 of 2019 16.05.2019