P.Krishnan v. M.Habibullah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018 CORAM :
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1187 of 2018 and C.M.P(MD).No.5019 of 2018 P.Krishnan ... Petitioner/Petitioner/ Petitioner/Respondent Vs.
M.Habibullah ... Respondent/Respondent Respondent/Petitioner Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order made in I.A.No.650 of 2017 in I.A.No.541 of 2016 in R.C.O.P.No.100 of 2015 on the file of the I Additional District Munsif, Trichy, dated 13.03.2018.
For Petitioner : Mr.R.Sundar
O R D E R
This Civil Revision Petition has been filed against the fair and decretal order dated 13.03.2018 passed in I.A.No.650 of 2017 in I.A.No.541 of 2016 in R.C.O.P.No.100 of 2015 by the learned I Additional District Munsif, Trichy.
2.The petitioner herein has filed an application in I.A.No.541 of 2016 for setting aside the ex-parte order of eviction passed against the petitioner on 05.03.2016. The said I.A. was allowed on condition that the petitioner should pay a sum of Rs.1,000/- to the respondent within the stipulated period of time, on failure, the petition will be dismissed. The petitioner has not paid the amount in time. Hence, the petitioner has filed another petition in I.A.No.650 of 2017 for setting aside the order passed in I.A.No.541 of 2016 and the same was dismissed on 13.03.2018. Challenging the said order, the petitioner has filed the present civil revision petition.
3.Heard the learned counsel for the petitioner and perused the materials available on record.
https://hcservices.ecourts.gov.in/hcservices/ 4.Admittedly the petitioner has failed to pay the cost, as per
the order passed in I.A.No.541 of 2016. But, it is the only course to the petitioner to file an application under Rule 12 of the Buildings (Lease and Rent Control) Rules 1974 R/w Section 148 and 151 of C.P.C., for extension of time and the said application was not numbered and therefore, the petitioner has filed the I.A.No.650 of 2016 for setting aside the order passed in I.A.No.541 of 2016. Therefore, this petition is not maintainable. Accordingly, this Court on 20.06.2018 dismissed the civil revision petition giving one more opportunity to the petitioner, directing the petitioner to pay a sum of Rs.2,000/- to the respondent within a period of two weeks from the date of receipt of a copy of this order. But, the Registry has requested the Court to clarify this order and hence, the matter is directed to be posted today i.e., on 20.07.2018 under the caption 'for clarification'.
5.Therefore, I am inclined to pass the following order: (a) this Civil Revision Petition is dismissed as not maintainable and extend the time in I.A.No.541 of 2016 for payment of the cost of Rs.2,000/- instead of Rs.1,000/- to be paid to the respondent within a period of two weeks from the date of receipt of a copy of this order;
(b) On payment of the amount of Rs.2,000/- to the respondent within the time stipulated fixed by this Court, the learned I Additional District Munsif, Trichy is directed to dispose of the R.C.O.P.No.100 of 2015 within a period of four weeks thereafter. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar(CS-III) To The I Additional District Munsif, Trichy.
Copy To:- The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.R.SUNDAR, ADVOCATE IN SR No. 74088 NS/VSV TE/JM/RSK/SAR-3 : 17/09/2018 : 2P/5C C.R.P.(PD)(MD)No.1187 of 2018 and C.M.P.(MD).No.5019 of 2018 20.07.2018 https://hcservices.ecourts.gov.in/hcservices/