Home Finders Housing Ltd v. S.Priyadharsini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and C.M.P.No.18457 of 2017 M/s.Home Finders Housing Limited, Represented by its Chairman and Managing Director, Lamicale Club, Michael Garden, Thiruvalluvar Salai, Ramapuram, Chennai - 600 089.

.. Petitioner

Versus

1.S.Priyadharsini 2.Arokia Marie Jawequelen 3.Catherine Vidhyavathi 4.Nithyavathi 5.Harriet Sathyavathi .. Respondents Prayer: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code to set aside the order dated 08.12.2016 in C.M.A.No.12 of 2016 on the file of the III Additional District Judge, Tiruvallur at Poonamallee confirming the order dated 19.02.2016 passed in I.A.No.15 of 2016 in O.S.No.129 of 2011 on the file of the Sub Judge, Poonamallee and allow I.A.No.15 of 2016 as prayed for. For Petitioner : Mr.J.Saravanavel For Respondents : Mr.R.Bharath Kumar 1/4

O R D E R

This Civil Revision Petition has been filed against the order dated 08.12.2016 passed by the III Additional District Judge, Tiruvallur at Poonamallee in C.M.A.No.12 of 2016, confirming the order dated 19.02.2016 passed by the Sub Judge, Poonamallee in I.A.No.15 of 2016 in O.S.No.129 of 2011.

2. When the matter is taken up for hearing, the learned counsel appearing on both sides submitted that the issue involved in the present Civil Revision Petition is whether the Tamil Nadu City Tenants Protection Act will apply for the case on hand?

3. The learned counsel appearing on either side further submitted that a similar issue was already decided by this Court in C.R.P.(NPD) No.602 of 2018 dated 13.07.2021. The issue in the said Civil Revision Petition and this Civil Revision Petition are one and the same and the land involved in both Civil Revision Petitions are adjacent lands. Hence, this case is squarely covered by the order of this Court rendered in C.R.P.(NPD) No.602 of 2018 dated 13.07.2021.

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4. As the issue involved in this case is squarely covered by the order of this Court made in C.R.P.(NPD) No.602 of 2018 dated 13.07.2021, no further orders are required in this Civil Revision Petition and the same stands dismissed.

5. However, it is stated that a suit in O.S.No.129 of 2011 filed by the respondents is pending before the Subordinate Judge, Poonamallee. Therefore, the Subordinate Judge, Poonamallee is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

03.09.2021 Index : yes/no Internet: yes/no rsi To 1.The III Additional District Judge, Tiruvallur at Poonamallee.

2.The Subordinate Judge, Poonamallee.

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KRISHNAN RAMASAMY, J rsi and C.M.P.No.18457 of 2017 03.09.2021 4/4