Madras High CourtCMP(MD)/287/2017ordered

Tmt. Muthulakshmi v. M. Jeyaraman

2017-01-12Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.287 of 2017 IN CRP(MD) No.2245 of 2013 TMT. MUTHULAKSHMI ... PETITIONER/RESPONDENT Vs M. JEYARAMAN ... RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the Rent Controller permitting me to withdraw the already deposited rent as well as the subsequent rent that are being deposited by the respondent herein in RCOP.No. 92 of 2009 on the file of Rent Controller (1st Additional District Munsif Court, Tirunelveli)and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.MEENAKSHI SUNDARAM, Advocate for the petitioner and of MR.H.ARUMUGAM. Advocate for the Respondent the court made the following order:- The petitioner is the respondent in C.R.P.(MD).No.2245 of 2013. The petitioner filed R.C.O.P.No.92 of 2009 before the Rent Controller, First Additional District Munsif Court, Tirunelveli, for eviction on the ground of willful default and different user and eviction was ordered. Against that, the respondent filed R.C.A.No.4 of 2013. The said R.C.A.No.4 of 2013 was dismissed. Against the order of dismissal, the respondent filed the above Civil Revision Petition.

2. The respondent herein deposited a sum of Rs.52,500/- from 03.01.2014 to 11.11.2016 on the file of the Rent Controller towards arrears of rent. The petitioner filed an application for withdrawal of Rs.46,500/- which was deposited up to 18.10.2016 as on that day. The Rent Controller returned the application stating that this Court granted interim stay pending the Civil Revision Petition. In the circumstances, the petitioner has come out with the present Miscellaneous Petition.

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3. Mr.H.Arumugam, the learned counsel appearing for the

respondent has no objection for ordering this application.

4. Recording the no objection, the Miscellaneous Petition is ordered.

sd/- 18/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE RENT CONTROLLER IST ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI +1. C.C. to M/S.S.MEENAKSHI SUNDARAM Advocate SR.No.2564 +1 CC TO MR.H.ARUMUGAM, Advocate SR.No.2757

ORDER

IN CMP(MD) No.287 of 2017 IN CRP(MD) No.2245 of 2013 Date :18/01/2017 SMA/MSM-SM/SAR-3/30.01.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/