Syed Abdul Kadar Maraikkayar v. Ragumath Nisha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.R.P.(NPD)(MD)No.2493 of 2024 and C.M.P(MD)No.14312 of 2024 Syed Abdul Kadar Maraikkayar

...Petitioner/Respondent/Petitioner

Vs.

Ragumath Nisha

...Respondent/Petitioner/Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, against the order dated 16.11.2023 passed by the District Munsif Court, Ramanathapuram in I.A.No.40 of 2022 in R.C.O.P.No.9 of 2014. For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.S.A.S.Alaudeen * * * * *

ORDER

The revision petitioner herein as landlord has filed R.C.O.P.No.9 of 2014, before the Rent Controller, Ramanathapuram, for evicting the tenant. The respondent/tenant had remained ex-parte and an ex-parte order came to be passed on 22.08.2014.

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2.The tenant had filed I.A.No.40 of 2022 to condone the delay of 3027 days in setting aside the ex-parte judgment. The said application was allowed by the Rent Controller on 16.11.2023 on condition to pay a cost of Rs.5,000/-. 3.This order of the rent controller is challenged by the landlord in the above revision petition. When the revision petition came up for hearing, this Court by an order dated 29.01.2025 has enhanced the cost from Rs.5,000/- to Rs.7,000/- and directed the same to be paid on or before 10.02.2025. 4.The learned Counsel appearing for the respondent/tenant had filed a typed set of papers today. A perusal of the said records reveal that the tenant has deposited a sum of Rs.5,000/- before the Rent Controller through e-challan on 05.12.2023. After the order of this Court, another Rs.2,000/- has been paid to the learned Counsel appearing for the landlord before the Rent Controller and the receipt has been filed to the said effect. The landlord shall be permitted to withdraw a sum of Rs.5,000/- that was deposited by the tenant on 05.12.2023. 2/4

5.Considering the above said facts, the revision petition stands dismissed with a direction to the Rent Controller/District Munsif, Ramanathapuram, to dispose of the R.C.O.P.No.9 of 2014 on or before 31.12.2025. No costs. Consequently, connected miscellaneous petition is also closed. 10.02.2025 Internet:Yes/No Index:Yes/No RJR To The learned Rent Controller/District Munsif, Ramanathapuram.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR C.R.P.(NPD)(MD)No.2493 of 2024 10.02.2025 4/4