Madras High CourtCRP(MD)/1649/2017dismissed

P.R.Krishnamoorthy v. O.K.Rajaram(Died)

2017-10-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRP(PD)(MD)No.1649 of 2017 P.R.Krishnamoorthy ... Petitioner/Petitioner/Petitioner vs.

1)O.K.Rajaram(died) ...1st Respondent/Nil/ 1st Respondent 2)O.K.R.Varadharajan 3)O.K.R.Ajay Sundaram ...2nd and 3rd Respondents/ 2nd and 3rd Respondents/ (Legal heirs of 1st Respondent)/Nil Petition filed under Article 227 of the Constitution of India, for disposing of the Execution petition in E.P.No.224 of 2011 on the file of the Additional District Munsif Court (Rent Controller), Madurai.

For Petitioner : Mr.S.J.Chakkkaravarthy

ORDER

This revision petition has been filed to issue a direction to the learned Additional District Munsif Court (Rent Controller), Madurai to dispose of E.P.No.224 of 2011 within a time frame to be fixed by this Court.

2.The learned counsel for the petitioner/landlord would aver that the 1st respondent was a tenant under the petitioner and after his demise, his legal heirs continued to stay in the petition premises. The petitioner filed RCOP seeking eviction of the 1st respondent and the same was allowed in his favour on 20.06.2005. Thereafter, the 1st respondent filed RCA.No.97 of 2005 before the Principal Sub Court, Madurai, and the same was dismissed on 20.03.2008. Challenging the dismissal of RCA, the 1st respondent filed CRP(MD)No.1209 of 2008 and the same was also dismissed and no appeal was filed against the dismissal of CRP and thus the order has become final. While so, the petitioner filed E.P.No.224 of 2011 on the file of the Additional District Munsif Court (Rent Controller), Madurai, and the same is pending. Hence, the petitioner has come up with the present revision petition for a direction to expedite the disposal of the above E.P. https://hcservices.ecourts.gov.in/hcservices/

3.Since it is only a petition for early disposal of EP which is pending from 2011 onwards, no notice is necessary to the respondents herein.

4.This Court finding merit on the above submissions of the learned counsel for the petitioner, is of the view that ends of justice would be met by giving direction for early disposal. Accordingly, a direction is issued to the learned Additional District Munsif(Rent Controller), Madurai, to dispose of E.P.No.224 of 2011 within a period of three months from the date of receipt of a copy of this order.

With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Additional District Munsif, (Rent Controller), Madurai.

+1cc to Mr.S.J.Chakkkaravarthy, Advocate Sr.No.82197 BALA VB/SKN/RSK/SAR1/25/10/2017/2P/3C CRP(PD)(MD)No.1649 of 2017 10.10.2017 https://hcservices.ecourts.gov.in/hcservices/