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Madras High CourtCRP/3356/2022disposed of

S.Vijaya Kumar (Deceased) v. Prem Kumar

2022-10-19Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM

THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P. No.3356 of 2022 S.Vijaya Kumar (Deceased)

1. V.Jothi

2. V.Sangeetha

3. V.Saranya ... Petitioners /Petitioners/ Landlords .Vs.

Premkumar ..Respondent/Respondent/ Tenant Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned XIII Judge, Small Causes Court at Chennai to dispose M.P.No.302 of 2018 in R.C.O.P.No.21 of 2013 filed under Section 11(4) of the Act by strictly following the Rules laid down under the Tamil Nadu (case flow Management in Subordinate Courts), Rules, 2007 filed by the petitioner within a reasonable time.

For Petitioner : Mr.R.Manickavel 1/4

ORDER

This Civil Revision petition is filed seeking a direction to the XIII Judge, Small causes Court, Chennai to dispose of MP No.302 of 2018 in R.C.O.P.No.21 of 2013 filed under Section 11(4) of the Act. 2.

Having regard to the limited prayer made in this revision, this Court is inclined to dispose of the Civil Revision petition even without notice to the respondents.

3.

The petitioner herein filed a rent control eviction petition on the ground of wilful default against the respondent in R.C.O.P. No.21 of 2013. Since the respondent herein committed default in payment of rent from the month of January 2015, the petitioner was contrained to file a petition under Section 11(4) of the Tamil Nadu Building (Lease and Rent Control) Act and the said petition is kept pending without any progress. The perusal of the A diary extract filed in the typed set of papers would suggest that the counter of the respondent in MP No.302 of 2018 was filed as early as 10.11.2018 and thereafter, it was adjourned from time to time without any progress and 2/4

therefore, this Court is inclined to issue a direction to the Court below to dispose of MP No.302 of 2018 in R.C.O.P. No.21 of 2013 within a period of three months from the date of receipt of a copy of this order. This Civil Revision petition is accordingly disposed of. No costs. 19.10.2022 rka Internet Index:Yes/No Speaking Order: Yes/No 3/4

S.SOUNTHAR.J., rka To The XIII Judge, Small Causes Court at Chennai 19.10.2022 4/4