Vaduganathan Talkies v. S.R.Ravichandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vaduganathan Talkies, A Partnership Firm, Represented by its Partner, L.Subbiah, No.87/B, Sengalaneer Pillayar Koil Street, Chidambaram - 608 001.
... Petitioner Vs.
1. S.R.Ravichandran
2. Sri Thillai Ganesh Hotel, Represented by its Partner, S.R.Ravichandran, Carrying on business at, No.87/8-1, Sengalaneer Pillayar Koil Street, Chidambaram - 608 001.
... Respondent PRAYER : Civil Revision Petition filed under Section 115 of Code of Civil Procedure, pleased to set aside the docket order dated 19.03.2025 made in E.P.No.39 of 2023 in RLTOP No.5 of 2021 on the file of the Rent Court (Principal District Munsif Court), Chidambaram.
For Petitioner :
Mr.V.G.Suresh Kumar 1 / 6
O R D E R
This Civil Revision Petition has been filed against the docket order passed by the Principal District Munsif Court, Chidambaram in E.P.No.39 of 2023 in RLTOP No.5 of 2021 on 19.03.2025.
2. Learned counsel appearing for the petitioner submitted that the fact remains is that RLTOP No.5 of 2021 filed by the petitioner against the respondents under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 before the Principal District Munsif, Chidambaram was ordered on 23.06.2023 and immediately thereafter, the petitioner had filed an execution petition in the year 2023 and it was numbered as E.P.No.39 of 2023. The respondents, thereafter, have filed an appeal in RLTA No.1 of 2024 and the same was dismissed on 29.10.2024, against which, the respondents have not filed any revision petition. However, the executing Court has been repeatedly adjourning the execution petition without there being any stay from the higher forum. He further submitted that though the revision petition has been filed seeking to set aside the docket order dated 19.03.2025, now the 2 / 6
petitioner is only seeking for early disposal of the execution petition in E.P.No.39 of 2023 in RLTOP No.5 of 2021.
3. As per Section 39(3) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, the Execution Petition has to be disposed of within 30 days from the date of service of notice on the opposite party, whereas, it has not been done so far.
4. The Section 39(3) of the Act is extracted hereunder for reference. "Section 39 : Execution of the order (1)...
(2)...
(3) The Rent Court shall conduct the execution proceedings in relation to a final order or any other order passed under this Act in summary manner and dispose of the application for execution made under this section within 30 days from the date of service of notice on the opposite party."
5. Having heard the learned counsel appearing for the petitioner and perused the materials available on record, this Court is able to see that RLTOP No.5 of 2021 was allowed by the Principal District Munsif Court on 23.06.2023, the execution petition in E.P.No.39 of 2023 was filed on 31.08.2023 and subsequently, 3 / 6
RLTA No.1 of 2024 filed by the respondents was dismissed on 29.10.2024. It is also stated that the respondents have not filed any revision petition so far and no interim order has been obtained from the higher forum, yet the Execution Petition filed by the petitioner in E.P.No.39 of 2023 is still pending without any progress.
6. In such circumstances, the learned Principal District Munsif, Chidambaram, is directed to comply with Section 39(3) of the Act and shall dispose the execution petition in E.P.No.39 of 2023 in RLTOP No.5 of 2021 as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.
7. Accordingly, this Civil Revision Petition stands allowed. No costs. 25.04.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ham To 4 / 6
1. The Principal District Munsif, Rent Court, Chidambaram.
2. The Section Officer, VR Section, High Court of Madras.
5 / 6
A.D.JAGADISH CHANDIRA, J.
ham 25.04.2025 6 / 6