Vimala v. Banumathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)Nos.676 & 677 of 2017 M.Mahabul Basha .. Petitioner in both CRPs.

Vs.

R.Kulainthaisamy .. Respondent in both CRPs.

PRAYER in C.R.P.(MD)No.676 of 2018: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Rent Controller Cum District Munsif, Thanjavur to dispose of the R.C.O.P. No.23 of 2012 on the file of the learned Rent Controller Cum District Munsif, Thanjavur.

PRAYER in C.R.P.(MD)No.677 of 2018: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Rent Controller Cum District Munsif, Thanjavur to dispose of the R.C.O.P. No.23 of 2011 on the file of the learned Rent Controller Cum District Munsif, Thanjavur.

For Petitioner : Mr.R.Pandi Maharaja in both CRPs.

COMMON ORDER The petitioner has come forward with these Civil Revision Petitions to call for the records relating to direct the learned Rent Controller Cum District Munsif, Thanjavur to dispose of the R.C.O.P.No.23 of 2012 and R.C.O.P.No.23 of 2011. 2.The petitioner in C.R.P.(MD)Nos.676 & 677 of 2017 has filed R.C.O.P.No.23 of 2012, seeking direction to the respondent to vacate the demised premises and hand over vacant possession within a stipulated period, failing which directing delivery through process of Court and for other reliefs and the respondent in C.R.P.(MD)Nos.676 & 677 of 2017 has filed R.C.O.P.No.23 of 2011 seeking to pass an order to permit the petitioner to deposit the monthly rent of Rs.8,500/- (Rupees Eight Thousand and Five Hundred Only) for the petition mentioned property.

3.The petitioner who is the landlord filed these Civil Revision Petitions against the R.C.O.P.Nos.23 of 2012 and 23 of 2011 for speedy disposal of both RCOPs. The petitioner is aged https://hcservices.ecourts.gov.in/hcservices/

about 60 years is invoking the extraordinary jurisdiction of this Court under Article 227 of Constitution of India, for seeking speedy disposal of both the petitions. Both the RCOP Nos.23 of 2012 and 23 of 2011 are pending from the year 2011 and 2012. Therefore, this Court without issuing any notice to the respondent since there is no prejudice caused to the respondent, this Court is inclined to direct the learned Rent Controller Cum District Munsif, Thanjavur to dispose of the R.C.O.P.No.23 of 2012 and R.C.O.P.No.23 of 2011 within a stipulated period of time. 4.In the result, the learned Rent Controller Cum District Munsif, Thanjavur is directed to dispose both 2 cases in R.C.O.P.No.23 of 2012 and R.C.O.P.No.

23 of 2011 by conducting joint trial within a period of three months from the date of receipt of a copy of this order on day to day basis to dispose the matter without giving unnecessary adjournments to either parties and both the parties are directed to give their fullest cooperation for the speedy disposal of the case. The learned Rent Controller Cum District Munsif, Thanjavur is directed to file his report, before this Court, within 10 days after the disposal of the said RCOPs.

5.Hence, these Civil Revision Petitions are disposed of accordingly.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar vsv/ksa To The Rent Controller Cum District Munsif, Thanjavur.

Copy to:

The Section Officer/Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai. (Two Copies) +1 cc to MR.V.MALAIYENDRAN, Advocate SR.No.63836 +1 cc to MR.J.SENTHIL KUMARAIAH, Advocate SR.No.64564 C.R.P.(MD)Nos.676 & 677 of 2017 26.04.2018 SMA/SV-MMS/SAR-2/31.05.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/