Madras High CourtCRP(MD)/2264/2017disposed of

R.Venkateshwaran, v. A.Selvaraj,

2017-12-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD) No.2264 of 2017 R.Venkateshwaran ... Petitioner/Petitioner/Petitioner/ Land Lord -VsA.Selvaraj ... Respondent/Respondent/Respondent/ Tenant PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India to direct the learned Principal District Munsif, Tirunelveli to dispose of E.P.No.77 of 2016 in R.C.O.P.No.41 of 2014 on the file of the Principal District Munsif Court, Tirunelveli within a time limit fixed by this Court. For Petitioner : Mr.T.Selvan

O R D E R

This Civil Revision Petition has been filed to direct the learned Principal District Munsif, Tirunelveli to dispose of E.P.No.77 of 2016 in R.C.O.P.No.41 of 2014 on the file of the Principal District Munsif Court, Tirunelveli within a time limit fixed by this Court.

2. The petitioner would aver among other things that the petitioner has filed a petition for eviction against the respondent in R.C.O.P.No.41 of 2014 on the file of the Rent Controller (District Munsif Court), Tirunelveli and he filed I.A.No.140 of 2014 for arrears of rent and the said application was allowed by an order dated 11.08.2015 directing the respondent to pay Rs.2,08,000/- being the arrears of rent to the petitioner on or before 24.08.2015 failing which to hand over the possession of property on or before 25.09.2015. The respondent has not complied with the said condition. Therefore, the respondent has to vacate the property on or before 25.09.2015.

3. The petitioner has filed an Execution Petition in E.P.NO.77 of 2016. According to the petitioner, Execution Petition has been adjourned without any reasons and now the Execution Petition was posted for adducing further evidence. https://hcservices.ecourts.gov.in/hcservices/

4. Since this Civil Revision Petition is filed for early disposal of the Execution Petition, no notice is necessary to the respondent.

5. Considering the facts and circumstances of the case and considering the fact that the learned Judge has specifically ordered that on failure of payment of arrears of rent the respondent has to hand over possession on or before 25.09.2015, this Court feels that ends of justice would be met by directing the Court below to dispose of the Execution Petition within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Principal District Munsif, Tirunelveli to dispose of E.P.No.77 of 2016 in R.C.O.P.No.41 of 2014 within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

The Principal District Munsif , Tirunelveli. + 1 cc TO Mr.T.Selvan , Advocate in SR No. 90944 CM AE/SKN RSK/SAR1/15.12.2017/2P/3C C.R.P.(MD) No.2264 of 2017 05.12.2017 https://hcservices.ecourts.gov.in/hcservices/