← Library
Madras High CourtCRP(MD)/925/2019dismissed as infructuous

Jafarullakhan v. Lucas,

2020-08-18Honourable Mr Justice S.S. Sundar2 pages

C.R.P(PD)(MD)Nos.925 and 926 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P.(MD)Nos.925 and 926 of 2019 and C.M.P.(MD)No.5308 and 5309 of 2019 C.R.P.(MD)No.925 of 2019 Jafarullakhan :Petitioner/Petitioner/Respondent/Tenant Vs Lucas :Respondent/Respondent/Petitioner/Landlord PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, praying to set aside the fair and decretal order dated 05.04.2019 passed in E.A.No.2 of 2019 in E.P.No.6 of 2016 in R.C.O.P.No.7 of 2010 on the file of Rent Controller (District Munsif Court), Devakottai.

C.R.P.(MD)No.926 of 2019 Jafarullakhan :Petitioner/Petitioner/Respondent/Tenant Vs Lucas :Respondent/Respondent/Petitioner/Landlord PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, praying to set aside the fair and decretal order dated 05.04.2019 passed in E.A.No.2 of 2019 in E.P.No.7 of 2016 in R.C.O.P.No.8 of 2010 on the file of Rent Controller (District Munsif Court), Devakottai.

For Petitioner : Mr.M.P.Senthil in both cases COMMON ORDER When the matter is taken up for hearing, the learned Counsel appearing for the petitioner submitted that the revision petitioner/tenant has preferred a Special Leave Petition as against the order of eviction and the Special Leave Petition as on date is pending. He further submitted that pending Special Leave Petition, the respondent/landlord has taken possession by executing the decree. The present Civil Revision Petitions are filed by the tenant as against the order dismissing the petition filed by the tenant for stay of execution proceeding on the ground of pendency of Special Leave Petition. It is now admitted before this Court that the respondent/landlord has taken possession by executing the decree.

It is in the said circumstances, the learned Counsel appearing for the petitioner submitted that the prayer in these Civil Revision Petitions has become infructuous and the right of tenant to seek restitution, in case, the verdict of Supreme Court goes in favour of the revision petitioner, may be reserved. https://hcservices.ecourts.gov.

C.R.P(PD)(MD)Nos.925 and 926 of 2019 2.Having regard to the above stated circumstances, these Civil Revision Petitions are dismissed as infructuous. However, liberty is given to the petitioner to seek restitution, in case, he succeeds before the Hon'ble Supreme Court challenging the order of eviction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To The Rent Controller (District Munsif Court), Devakottai.

C.R.P.(MD)Nos.925 and 926 of 2019 18.08.2020 KB(26.08.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2