Madras High CourtCRP(MD)/63/2018disposed of

M.Shanmugam, S/O.Muthu Servai v. Jothi Ramalingam,

2018-01-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.63 of 2018 M.Shanmugam ... Petitioner / Respondent / Petitioner / Landlord vs.

Jothi Ramalingam ... Respondents / Petitioner / Respondent / Tenant PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Trichirappalli to dispose of the R.C.A.No.18 of 2010 in R.C.O.P.No.105 of 2005 within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.A.V.Rajasekaran

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal Subordinate Judge, Trichirappalli, to dispose of the R.C.A.No.18 of 2010 in R.C.O.P.No.105 of 2005, within a stipulated time as may be fixed by this Court.

2. The petitioner before this Court is the landlord, aged about 86 years old and he has filed a suit in R.C.O.P.No.105 of 2005 for eviction, which was decreed, as prayed for, on 05.03.2010. Challenging the same, the respondent/tenant has preferred an appeal in R.C.A.No.18 of 2010. Instead of contesting the appeal, the respondent seeks repeated adjournments and is dragging on the proceedings. Aggrieved thereby, the present petition came to be filed seeking a direction for early disposal of the pending appeal proceedings in R.C.A.No.18 of 2010.

3. Heard the learned Counsel for the petitioner and perused the materials available on record.

Notice to the respondent is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the said R.C.A.No.18 of 2010. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case and also the limited scope of the prayer sought for, this Court, without going into the merits of the case, directs the learned Principal Subordinate Judge, Trichirappalli to dispose of the R.C.A.No.18 of 2010 in R.C.O.P.No.105 of 2005, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Principal Subordinate Judge, Trichirappalli.

+1cc to M/S.A.V.Rajasekaran, Advocate SR.No. 42999 C.R.P.(PD)(MD)No.63 of 2018 19.01.2018 gk JM/SKN RSK/SAR 2/23.01.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/