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Madras High CourtREV.APPL/225/2023allowed

E.Kanniappan v. N. Chandrasekaran

2023-12-21Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI & CMP No. 28746 of 2023 E.Kanniappan

...Petitioner

Vs.

1.Chandrasekaran 2.N.Hemalatha 3.N.Uma ....Respondents PRAYER : This petition filed under Order XLVII Rule 1 R/W Section 114 of CPC, to set aside the order dated 13.03.2023 passed by this Hon'ble Court in CRP No. 516 of 2022 in so far as exclusion of the period pertaining to Rent Control proceedings. For Petitioner : Mrs. Chitra Sampath, Senior Counsel.

ORDER

This petition has been filed toto set aside the order dated 13.03.2023 passed by this Hon'ble Court in CRP No. 516 of 2022 in so far as exclusion of the period pertaining to Rent Control proceedings.

2.Heard, the learned counsel for the petitioner and the learned counsel for the respondent.

3. On being satisfied with the submissions made by the learned counsel for the petitioner, paragraph No.7 of the order dated 13.03.2023 in CRP No. 516 of 2022 is replaced as follows:

7. Accordingly, the order passed by the learned Subordinate Judge, Poonamallee in R.C.A No. 24 of 2017 dated 09.09.2021 is set aside and the Civil Revision Petition is hereby allowed. Liberty is given to the respondents to work out their remedy by filing appropriate execution application before the execution Court as early as possible in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

4. In the result, this Civil Revision is allowed. No cost. Consequentially, connected miscellaneous petition is closed. 21.12.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The Rent Control Appellate Authority, The learned Subordinate Judge, Poonamallee.

2.The Rent Controller, Principal District Munsif, Poonamallee.

& CMP No. 28746 of 2023 21.12.2023