B.K.Damodaran v. M.Pandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)Nos.1148 to 1150 of 2018 B.K.Damodaran ... Petitioner in all C.R.P.s.

Vs.

M.Pandi

...Respondent in C.R.P.(MD)No.1148 of 2018

N.Ramasamy

...Respondent in C.R.P.(MD)No.1149 of 2018

G.Sankar

...Respondent in C.R.P.(MD)No.1150 of 2018

Prayer in all C.R.Ps.: Civil Revision Petitions are filed under Article 227 of the Constitution of India for a direction to the learned Additional District Munsif Court, Madurai Town for speedy disposal of the R.C.O.P.Nos.103, 105 and 107 of 2013 and fix a time frame.

For Petitioner : Mr.M.S.Suresh Kumar C O M M O N O R D E R These Civil Revision Petitions are filed for a direction to the learned First Additional District Munsif, Madurai Town for speedy disposal of the R.C.O.P.Nos.103, 105 and 107 of 2013.

2. The petitioner / landlord has filed R.C.O.P.Nos.103, 105 and 107 of 2013 before the First Additional District Munsif Court, Madurai Town, seeking eviction of the respondents / tenants. The said R.C.O.Ps. have been filed in the year 2013 and they are pending for more than 5 years without any further proceedings. Therefore, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the learned First Additional District Munsif, Madurai Town to dispose of the R.C.O.P.Nos.103, 105 and 107 of 2013 within a particular period.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4. The R.C.O.P.Nos.103, 105 and 107 of 2013 have been filed in the year 2013 and for more than five years, it was continuously adjourned. The learned counsel for the petitioner also produced the notes paper of the R.C.O.Ps. which clearly shows that the matter has been adjourned for more than 10 or 15 hearings for cross-examination of the respondent.

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5. Since the petitioner has sought for a limited prayer for early disposal of the R.C.O.Ps., no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. Apart from this, the Honourable Supreme Court of India also reveal direction to all the Subordinate Courts across the country to expedite the proceedings which are pending before the Court. It is an admitted fact that the rent control proceedings were pending from 2013 onwards, but the First Additional District Munsif Court, Madurai Down, has not taken any action to dispose of the R.C.O.Ps. which are pending for more than five years. Therefore, I am inclined to pass the following order:

The learned First Additional District Munsif, Madurai Town is directed to dispose of the R.C.O.P.Nos.103, 105 and 107 of 2013 within a period of three months from the date of receipt of a copy of this order, on day-to-day basis without giving any adjournment to either parties. The parties are also directed to give their fullest co-operation for early disposal of the R.C.O.Ps. within the time limit fixed by this Court for passing orders. The learned First Additional District Munsif, Madurai Town is directed to file a compliance report before this Court within a period of ten days after passing orders in R.C.O.P.Nos.103, 105 and 107 of 2013.

6. The Civil Revision Petitions are disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The First Additional District Munsif, Madurai Town.

COPY TO:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.M.S.Suresh Kumar, Advocate SR.No. 68259 C.R.P.(PD)(MD)Nos.1148 to 1150 of 2018 14.06.2018 akv JM/SKN RSK/SAR 1/21.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/