Kadhar Basha v. Syed Salaudin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(NPD)(MD)No.701 of 2025 and C.M.P(MD) No.3748 of 2025 Kadhar Basha ... Petitioner/ Respondent/Tenant Vs.

Syed Salaudin ... Respondent/ Petitioner/Landlord PRAYER: Civil Revision Petition filed under Section 115 of C.P.C, to call for the records in pertaining to the order of the learned I Additional District Munsif, Tiruchirappalli, dated 25.01.2025 made in E.P.No.71 of 2024 in R.C.O.P.No.52 of 2018, and set aside the same as illegal. For Petitioner : Mr.T.Vadivelan For Respondent : Mr.K.S.Kathiravan

O R D E R

The tenant in R.C.O.P.No.52 of 2018 on the file of I Additional District Munsif Court, Tiruchirapalli, has filed the present Civil Revision Petition challenging the order of delivery passed in E.P.No.71 of 2024 1/4

2. A perusal of the records reveal that the respondent herein has filed the above said eviction petition on the ground of wilful default and owner's occupation. The trial Court has passed an order of eviction on 07.08.2023. challenging the same, the revision petitioner has filed R.C.A.No.25 of 2023 before the appellate authority. Along with the appeal, the tenant has filed I.A.No.1 of 2023 seeking stay. So far, the appellate authority has not passed any orders in the stay petition.

3. A perusal of the "B" diary extract in R.C.A.No.25 of 2023 revealed that the appeal is posted for arguments on 01.04.2025.

4. The learned counsel appearing for the revision petitioner undertakes that he would argue the appeal as expeditiously as possible.

5. Considering the above said facts, the learned Principal Subordinate Judge, Tiruchirappalli, is directed to dispose of R.C.A.No.25 of 2023 on or before 30.06.2025. Till such time, the delivery order passed in E.P.No.71 of 2024 shall be kept in abeyance. For any reason if the appeal could not be 2/4

disposed of on or before 30.06.2025, the rent controller is at liberty to proceed with E.P.No.71 of 2024.

6. With the above said observation, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.

10.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The I Additional District Munsif Court, Trichirappalli.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

ebsi C.R.P(NPD)(MD)No.701 of 2025 10.03.2025 4/4