L.Rm.Alagappan v. Muthoot Finance Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.1381 of 2018 L.R.M. Alagappan .. Petitioner Vs.

Muthoot Finance Limited .. Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Madurai Town (Rent Controller), to expedite the trial in R.C.O.P. No.50 of 2016, within the time stipulated by this Court.

For Petitioner :

Mr. T.K.Gopalan

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Madurai Town (Rent Controller), to expedite the trial in R.C.O.P. No.50 of 2016, within the time stipulated by this Court.

2. The petitioner is the landlord and the respondent is a tenant in R.C.O.P.No.50 of 2016. The petitioner has filed a petition in R.C.O.P. No.50 of 2016 before the learned District Munsif, Madurai Town (Rent Controller) for eviction of the respondent. It is stated that the RCOP filed in the year 2016 and the respondent is not ready and willing to proceed the petition and the matter has been prolonged for a long time without any progress and that a direction may be given by this Court for an early disposal, in the interest of justice.

3. Heard the learned Counsel for the petitioner and perused the materials available on record.

4. A perusal of the 'B' Diary extract would fortify the contentions made by the learned counsel for the petitioner.

5. The case has been adjourned on several occasions without any valid reason.

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6. Therefore, this Court, without going into the merits of

the allegation raised by the revision petitioner, is inclined to direct the Court below to dispose of the R.C.O.P. No.50 of 2016, within the stipulated period.

7. In view of the above, the learned District Munsif, Madurai Town (Rent Controller) is directed to dispose of the petition in R.CO.P. No.50 of 2016, on merits and in accordance with law, within the period of three months, from the date of receipt of a copy of this order, after issuing notice to both the parties. Since any adjournment made before the trial Court, the trial Court shall proceed the case after four months thereafter.

8. The Civil Revision Petition is ordered accordingly. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar(CS-III) To The District Munsif, Madurai Town.

+ 1 CC TO Mr.T.K.GOPALAN, ADVOCATE IN SR No. 71842 KSA TE/RP/SAR-3 : 30/07/2018 : 2P/3C C.R.P.(MD)No.1381 of 2018 09.07.2018 https://hcservices.ecourts.gov.in/hcservices/