Madras High CourtCRP(MD)/2521/2024dismissed

Prabakaran v. N.Palaniyappan

2024-10-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.14472 of 2024 1.Prabakaran 2.Komuki Vivasaya Sangam Rep. Managing President, C.Prabakaran. ... Petitioner / Respondents / Respondents Vs.

N.Palaniyappan ... Respondents / Petitioner / Petitioner Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.58 of 2022 and I R.L.T.O.P.No.4 of 2022, dated 13.03.2023 on the file of the Principal District Munsif Court, Dindigul.

For Petitioners : Mr.K.Balamurugan For Respondent : Mr.T.Cibi Chakkaraborthy 1/4

ORDER

Heard both sides.

2. The respondent is the landlord. The revision petitioners are the tenants. The respondent filed R.L.T.O.P.No.4 of 2022 on the file of the Principal District Munsif Court, Dindigul for eviction. Since the tenants were in arrears, the landlord also filed I.A.No.58 of 2022 for directing the tenants to deposit the arrears. IA was allowed on 13.03.2023. Questioning the same, this civil revision petition has been filed.

3. When the matter was taken up for hearing, the learned counsel for the petitioners submitted that the tenants would comply with the impugned order and they only want short time.

4. In normal circumstances, such request would be considered by the Court. But I am not in a position to show indulgence for more than one reason. The impugned order was passed way back on 13.03.2023. The tenants were given time upto 30.03.2023 for depositing the arrears. It is stated that on account of failure to do so, R.L.T.O.P.No.4 of 202 itself came to be allowed on 30.03.2023. Subsequently, the landlord filed E.P.No.31 of 2023 and delivery was ordered on 22.08.2024. This civil revision petition itself had been formally presented on 05.01.2024. It has been brought up for admission only now. 2/4

5. Taking into account the conduct of the tenants, the question of granting further time would only lead to frustrating the landlord's right. I am not inclined to interfere. The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 17.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Principal District Munsif Court, Dindigul. G.R.SWAMINATHAN, J.

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