Chandra Viswanathan v. M.Kalaiselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2019

CORAM:

THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR C.R.P.No. 2491 of 2019 Chandra Vishwanathan ... Petitioner -Vs1. M.Kalaiselvi

2. Jaya Liquors & Restaurant by its partners No.370 & 372, Anna Salai, Pondicherry

3. A.Baskar

4. B.Kanniyaselvi ... Respondents Prayer : Petition filed under Article 227 of the Constitution of India praying to direct the Rent Controller-I (Principal District Munsif Court) Pondicherry to expeditiously dispose of the E.A.No. 190 of 2016 in EP number 4 of 2016 for removal of obstruction and delivery of the property detailed in EP.

For Petitioner : Mr. M.Devaraj 1/4

O R D E R

The prayer sought for herein in this Civil Revision Petition is to direct the Court below to expedite the Execution Proceedings in E.A.No.190 of 2016 in E.P.No. 4 of 2016 in R.C.O.P.No. 47 of 2007 on the file of the District Munsif Court at Puducherry within a stipulated period as may be fixed by this Court.

2. Though notice have been served on the respondents and their names and addresses have been printed in the cause list, no one is appearing for the respondents.

3. Heard, the learned counsel for the petitioner who would submit that, the petitioner is the landlord, who filed R.C.O.P.No. 47 of 2007 and succeeded the same, as against which, further appeal has been filed by the respondents/tenants unsuccessfully and in this regard, an Execution Petition was filed in order to remove them from possession. Also E.A.No. 190/2016 was filed by the Revision Petitioner for removal 2/4

of obstruction. The said E.A.190/2016 and E.P.No.4 of 2016 are not proceeded with and there is no considerable progress made in this regard by the Execution Court.

4. Considering the above facts and circumstances, this Court is inclined to dispose of the Civil Revision Petition, with the following directions to the Court below;

" The Execution Court is directed to expedite the proceedings in E.A.No.190 of 2016 and E.P.No.4 of 2016 and decide the same in accordance with law as early as possible, preferably, within a period of six months from the date of receipt of a copy of this order."

5. Accordingly, the Civil Revision Petition is disposed of. No costs. 05.11.2019 Index: Yes / No Speaking order / Non speaking order kmm 3/4

R. SURESH KUMAR, J.

kmm To The Rent Controller-I (Principal District Munsif Court), Pondicherry C.R.P. (PD) No. 2491 of 2019 05.11.2019 4/4