Rajasekar v. R.Sivaparam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P(PD).No.2495 of 2021 and CMP.No.18806 of 2021 Rajasekar ..Petitioner Vs.

R.Sivaparam ..Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, seeking to issue a direction to the Sub-ordinate Judge, Coimbatore to reconstruct the case papers in unnumbered RCA.No... of 2018 in CFR.No.13024 of 2018 expeditiously and dispose the same within a stipulated time.

For Petitioner : Mr.R.Subburaj

O R D E R

The petitioner seeks a direction for reconstruction of the papers in the Rent Control Appeal that was filed by him, challenging the order passed 1/4

in IA.No.60 of 2017 in RCOP.No.133 of 2016.

2.In view of the averments made that the papers in RCA, which were returned and represented was not traceable in the Registry of the Appellate Court namely, the Principal Sub-Court, Coimbatore, a report was called for from the Principal District Judge, Coimbatore. The Principal District Judge has forwarded a report by the learned Principal Sub-ordinate Judge, Coimbatore wherein, it is stated that the appeal, which was registered in CFR.No.13024 of 2018 was returned on 08.06.2018 and was represented on 20.07.2021. It has neither been numbered nor returned. The Junior Assistant in-charge of the civil miscellaneous petition registry at the relevant point of time has resigned from the department. The papers are not traceable also.

3.In view of the fact that the papers were represented is admitted, this civil revision petition is allowed, the counsel for the petitioner is required to file a set of reconstructed papers before the Sub-Court within a period of two weeks from today. Upon filing of such reconstructed papers, the Sub2/4

court will number the appeal without insisting of an application for condonation of delay in representation and proceed with the same in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

02.02.2022 kkn Index:No Internet:Yes Speaking To:- 1.The Sub-Court, Coimbatore.

2.The Principal District Munsif, Coimbatore.

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R.SUBRAMANIAN, J.

KKN C.R.P(PD).No.2495 of 2021 and CMP.No.18806 of 2021 02.02.2022 4/4