R.Varadaraj v. Girija(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P(NPD)No.4268 of 2019 1.R.Varadaraj 2.R.Sankar 3.R.Saravanan 4.Mrs.R.Maheswari .. Petitioners /versus/ P.Girija(died) (Amended as per M.P.No.608 of 2017, dated 11.01.2018) 1.N.Pankajam 2.P.Krishnamoorthy 3.P.Uma Devi 4.P.Jagadesan 5.Mrs.P.Rajalakshmi (Impleaded as per M.P.No.608/2017,dated 11.01.2018) .. Respondents Prayer:

Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Rent Control) Act, praying to allow this revision petition and to set aside the order dated 21.01.2019 passed by VII Rent Controller cum Small Causes Court, Chennai in M.P.No.188 of 2007 in R.C.A.SR.No.16887 of 2017 filed by the petitioners. For Petitioners :Mr.A.Periyamuthu For Respondents :M/s S.Ramesh 1/4

ORDER

This Civil Revision Petition is filed challenging the order passed by the Rent Control Appellate Authority on 21.01.2019 in M.P.No.188 of 2017 in R.C.A.SRNo.16887 of 2017 dismissing the petition filed by the petitioners seeking to condone the delay of 25 days in representing the appeal papers.

2.

In the affidavit filed in support of the condone delay petition, it was stated by the petitioners that due to his illness he could not represent the Appeal papers immediately and hence, there was a delay of 25 days. The said petition was dismissed by the Rent Control Appellate Authority mainly on the ground that the petitioner has not given any reason for condoning the delay of 25 days in representing the appeal papers. 3.

In the affidavit filed in support of the condone delay petition, it is stated by the petitioners that he was suffering from illness. The petitioners were also failed to mention the date of return and the date of represent. 2/4

Therefore, the petitioners failed to explain the delay in satisfactory manner. The revision petition filed by the petitioners seeking to condone the delay in filing the appeal was already dismissed by this Court today i.e. on 22.02.2024.

4. In view of the dismissal of the Civil Revision Petition in C.R.P.No.4264 of 2019, dated 22.02.2024, allowing this Civil Revision Petition by taking liberal view is of no use, as order dismissing petition to condone the delay in filing Rent Control Appeal is already confirmed. Hence, this Civil Revision Petition is dismissed. No costs. 22.02.2024 Index:yes/no Speaking order:yes/no ari To:

VII Rent Controller cum Small Causes Court, Chennai. 3/4

S.SOUNTHAR,J.

ari 22.02.2024 4/4