Madras High CourtCRP/2435/2019dismissed

M.Thilakan v. A.Sathyanarayanan

2019-08-02Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(NPD)No.2435 & 2440 of 2019 M.Thilakan ... Petitioner in both CRPs'

Vs.

A.Sathyanarayanan ... Respondent in CRP(NPD).No.2435/2019 1.A.Sathyanarayanan 2.Pachaiyappa 3.Sekar 4.Shanthi 5.Venkatesh ... Respondents in CRP(NPD).No.2440/2019 Prayer in CRP.No.2435/2019: Civil Revision Petition filed under Article 227 of Constitution of India against the Docket order dated 28.06.2019 passed by the Hon'ble District Munsif Court, Hosur in REP.No.44/2017 in RCOP.No.1 of 2004 ordering arrest of the petitioner. 1/4

Prayer in CRP.No.2400/2019: Civil Revision Petition filed under Article 227 of Constitution of India against the Docket order dated 10.07.2019 passed by the Hon'ble District Munsif Court, Hosur in REP.No.45/2017 in RCOP.No.1 of 2004 ordering arrest of the petitioner. For Petitioner : Mr.K.Santhanalakshmi ***** C O M M O N O R D E R These revision petitions are filed against the order of arrest passed by the learned District Munsif, Hosur during execution.

2. Admittedly, the petitioner/tenant has to pay arrears of more than Rs.3,00,000/- [Rupees Three Lakhs only]. He has not paid the arrears of rent and he claims that he has filed an appeal against eviction, but it is not numbered for the past two years. Hence, it is clear that the petitioner does not have any intention to prosecute his appeal, but attempts to delay the payments by keeping it pending. Till date he has not paid or deposited any amount towards arrears.

3. Hence, this Court is not inclined to entertain these Civil Revision Petitions by a defaulting tenant.

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4. Accordingly, these Civil Revision Petitions are dismissed and the Execution Court can get along with the proceedings in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

02.08.2019 bri Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order To The District Munsif Court, Hosur.

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M. GOVINDARAJ, J.

bri 02.08.2019 4/4