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Madras High CourtCRP/4068/2017disposed of

P. Vijayalakshmi v. K. Annamalai

2017-12-06Honourable Mr Justice D. Krishnakumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR C.R.P. (NPD) No.4068 of 2017 Mrs.P.Vijayalakshmi .. Petitioner Vs Mr.K.Annamalai .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to issue suitable directions to the XI Small Causes Court thereby allowing the XI Small Causes Court to adjudicate the Review Application in Review Petition M.P.No.860 of 2015 in M.P.No.261 of 2015 in R.C.O.P.No.1628 of 2014 filed by this petitioner and to dispose the same at the earliest.

For Petitioner : Mr.Srenik S.Jain For Respondent : Mr.P.B.Ramanujam

O R D E R

The present revision petition is filed only for a limited scope of prayer, for passing suitable directions to the XI Small Causes Court to

adjudicate the Review Petition in M.P.No.860 of 2015 in M.P.No.261 of 2015 in R.C.O.P.No.1628 of 2014 and dispose the same at the earliest.

2. The learned counsel for the petitioner would submit that the petitioner has filed an appeal against the order passed in M.P. No.261/2015 dated 18.08.2015, along with a condone delay application. The said application is pending before the Appellate Court. The respondent has also filed an application in M.P. No.308 of 2015 in RCA No.481 of 2015 before the Appellate Court, challenging the order dated 18.08.2015 in M.P. No. 261 of 2015.

3. It is clear from the records that the respondent has filed an appeal in R.C.A.No. 481 of 2015 along with a Miscellaneous Petition in M.P. No. 308/2015. The petitioner has challenged the order dated 18.08.2015 by way of review application and by filing an appeal before the Appellate Court. The petitioner cannot file such applications before different courts, without proper reasons. At this stage, the learned counsel for the petitioner undertakes to withdraw the appeal filed along with M.P. No.94/2015, which is in un-numbered stage.

4. The learned counsel for the respondent has no serious objection on the submissions made by the learned counsel for the petitioner and sought to grant a direction to the Appellate Court to dispose of the review application, within the time fixed by this Court.

5. In view of the submissions made by the learned counsel for both the parties, without expressing any opinion on the merits of the case, this Court directs the Rent Control Appellate Authority to dispose of the M.P. No. 860 of 2015 & RCA No.481 of 2015 in M.P. No. 261 of 2015 in RCOP No. 1628 of 2014, in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

6. The Civil Revision Petition is disposed of, with the above directions. No costs.

06.12.2017 Index : Yes/ No [Issue order copy today i.e. 11.01.2018] avr To The XI Judge, Court of Small Causes, Chennai.

D. KRISHNAKUMAR J., avr C.R.P. (NPD) No.4068 of 2017 06.12.2017

CRP. (NPD) No.4068 of 2017 D.KRISHNAKUMAR,J.

Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner has pointed out that in Paragraph Nos.4 and 5, direction has been given to the "Appellate Court" instead of XI Judge, Court of Small Causes, Chennai.

3. In view of the above request made by the learned counsel for the petitioner, paragraph 4 and 5 of the order dated 06.12.2017, is modified as as follows:

"4. The learned counsel for the respondent has no serious objection on the submissions made by the learned counsel for the petitioner and sought to grant direction to the XI Judge, Court of Small Causes, Chennai to dispose of the review application, within the time fixed by this Court.

5.In view of the submissions made by the learned counsel for both the parties, without expressing any opinion on merits of the case, this Court directs the XI Judge, Court of Small Causes, Chennai to dispose of M.P. No.860 of 2015 in M.P.No.261 of 2015 in RCOP. No.1628 of 2014, in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order"

4. Registry is directed to issue a fresh order copy, after making the above corrections.

29.01.2018 rkp / avr

D.KRISHNAKUMAR,J.

rkp/ avr CRP. (NPD) No.4068 of 2017 29.01.2018