Madras High CourtCRP(MD)/966/2017disposed of

Kamarudeen v. Pothiappan

2017-06-05Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P(PD)(MD)No.966 of 2017 Kamarudeen :Revision Petitioner/ Respondent/Land Lord Vs.

Pothiappan : Respondent/Appellant/Tenant PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Learned Rent Control Appellate Authority Sub-Ordinate Judge Court, Pudukkottai to expedite the hearing in R.C.A.No.9 of 2015 and dispose of the same within the time frame fixed.

For Petitioner : Mr.S.T.Sasidharan Tamilkani

O R D E R

This revision petition is filed by the landlord, who is the respondent in R.C.A. No.9 of 2015. It is contended by the learned counsel for the revision petitioner that the petitioner had succeeded in the eviction petition before the Rent Control Appellate Authority as early as on 25.08.2014.

2. Against which, the respondent herein preferred an appeal and the same is pending in R.C.A.No.9 of 2015 on the file of SubOrdinate Court, Pudukkottai.

3. Though the matter is pending for three years, there is no progress in disposal of the appeal and taking advantage of the pendency of the appeal, the respondent/tenant has failed to pay the rent depriving the landlord both possession as well as the rent. Hence, he seeks for early disposal of the appeal within a stipulated time.

4.The notes paper of the Appellate Court reveals the fact that the records have been received from the Lower Court and also in view of pendency of the application I.A.No.350 of 2015 for stay and I.A.No.9 of 2016 for arrears of rent, the Lower Appellate Court has not taken up the main case for final disposal. https://hcservices.ecourts.gov.in/hcservices/

5. In the light of the above fact, the Rent Control Appellate Authority Sub-Ordinate Court, Pudukottai is directed to take up the Interlocutory Application in I.A.No.9 of 2016 along with the main case in R.C.A.No.9 of 2015 and dispose of the same within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Rent Control Appellate Authority, Sub-Ordinate Court, Pudukkottai.

+1cc to Mr.S.T.Sasidharan Tamilkani, Advocate Sr.No.58417 IS/MYR VB/KKR/SAR4/15.06.2017/2P/3C C.R.P(PD)(MD)No.966 of 2017 05.06.2017 https://hcservices.ecourts.gov.in/hcservices/