Ravikumar v. Subbiahnadar

T.V.THAMILSELVI, J.

This matter is taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the revision petitioner.

2. The learned counsel for Revision Petitioner would submit that this Court by an order dated 22.11.2023 allowed the above C.R.P.. However, the learned counsel would submit that in para 6 of the order, this court granting time for the period of 3 months, but he prayed to direct the trial court to complete the proceedings within a short span of time. Accordingly, the matter is listed today.

3. Considering his submissions, in para 6 of the order shall be substituted as follows :- "6. Considering the submission on either sides and on perusal of records, it reveals that the landlord/respondent filed the petition for eviction and the tenant also filed counter objection, but the tenant is not cooperating for the trial proceedings all these days. So, the order of eviction was passed by the trial court, thereafter, 1/3

the landlord filed the Execution Petition, at that time, the tenant filed the petition to set aside the exparte order dated 18.11.2022 and the same was dismissed by the trial judge. Hence, this Court is of the considered view that if the opportunity is not given to the revision petitioner, his valuable right to defend the case will be defeated. Hence, the order passed by the learned X Small Causes Court, Chennai in M.P.No.4 of 2023 in RLTOP. No.180 of 2021 dated 18.07.2023 is hereby set aside. Further, the tenant is directed to cooperate for the trial proceedings and the trial judge is directed to complete the proceedings within a period of four weeks from the date of receipt of copy of this order."

4. Registry is directed to incorporate above correction in the Order of this Court in C.R.P.No. 4069 of 2023 dated 22.11.2023 and issue fresh order copy to the Revision Petitioner.

22.12.2023 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.R.P. No. 4069 of 2023 22.12.2023 3/3