Madras High CourtCRP(MD)/783/2021dismissed

Nagarajan v. Sivakami Ammal

2021-06-08Honourable Mr Justice G.R.Swaminathan2 pages

1 C.R.P.(MD)NO.783 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.783 of 2021 and C.M.P.(MD)No.4246 of 2021

1. Nagarajan

2. Saravanan ... Petitioners/Respondents/ Judgment Debtors Vs.

Sivakami Ammal ... Respondent/Petitioner/ Decree Holder Prayer: Civil Revision petition filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 09.12.2019 passed in E.P.No.11 of 2019 in R.C.O.P.No.6 of 2009 on the file of the learned I Additional District Munsif, Nagercoil. For Petitioners : Mr.M.P.Senthil

O R D E R

This civil revision petition is directed against the order passed by the executing Court in E.P.No.11 of 2019 in R.C.O.P.No.6 of 2009 on the file of the I Additional District Munsif, Nagercoil.

2. Heard the learned counsel appearing for the petitioners.

3. The petitioners are tenants under the respondent. The respondent filed the aforesaid R.C.O.P. for evicting the petitioners. The respondent succeeded. The petitioners filed R.C.A.No.11 of 2017 before the appellate authority/Principal Subordinate Court, Nagercoil. The said R.C.A. was dismissed on 13.03.2019.

4. It appears that there has been no further challenge before the High Court by filing civil revision petition and thus the order of eviction passed by the Rent Controller has become final. It is this final order of eviction that is sought to be executed by the respondent herein. The Court below has rightly allowed the same. It is stated that the petitioners are still in occupation of the premises and that they have not been evicted. https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 C.R.P.(MD)NO.783 OF 2021

5. I do not find any ground to interfere with the order impugned in this civil revision petition. This civil revision petition is dismissed. However, taking note of the current pandemic time, the petitioners shall not be dispossessed till 31.07.2021. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The I Additional District Munsif, Nagercoil.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-19006[F] dated 08/06/2021 ) C.R.P.(MD)No.783 of 2021 08.06.2021 TP(CO) KB(09.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4