The Madras Pinjrapole v. Dayasadhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA The Madras Pinjrapole, Rep. by its Honorary Secretary, Sri Vittal Dass Jagannath Dass, No.383, Konnur High Road, Chennai - 600 012.

... Petitioner Vs.

Dayasadhan ... Respondent PRAYER: Civil Revision Petition filed under Section 25 of the Tamilnadu Buildings Lease and Rent Control Act to set aside the fair and decreetal order dated 16.08.2019 in M.P.No.794 of 2018 in RCA.No.884 of 2006 on the file of the VII Small Causes Court, Chennai. For Petitioner : No appearance For Respondent : Ms.Padmaja Mohan for Mr.Ashok Menon

ORDER

When the matter was taken up for hearing today, there is no representation on behalf of the revision petitioner.

2. It is represented by Ms.Padmaja Mohan, learned counsel appearing for the respondent that the Civil Revision Petition has itself become infructuous since RCA.No.884 of 2006 was transferred from the file of VII Court, Court of Small Causes to VIII Court, Court of Small Causes and was disposed of on merits.

3. It is pertinent to point out that the present Civil Revision Petition is filed challenging the orders passed in M.P. No.794 of 2018 which was filed under Section 5 of the Limitation Act to condone the delay of 186 days in filing the petition to restore the above said RCA. The learned VII Judge, Court of Small Causes allowed M.P. No.794/2018 on 16.08.2019 against which the present Civil Revision Petition is filed. Since RCA No.884/2006 was disposed of on merits

nothing survives for further adjudication in the present case. Accordingly, the Civil Revision Petition is dismissed as having become infructuous. No costs.

20.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

R. HEMALATHA, J.

bga To 1.The VII Small Causes Court, Chennai.

2.The Section Officer, VR Section, High Court, Madras. 20.10.2022