Madras High CourtCRP(MD)/2425/2016disposed of

P.Ganeshan v. M.Mohameed Nishar

2016-11-25Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.11.2016

CORAM

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CIVIL REVISION PETITION (MD)(NPD)No.2425 of 2016 1.P.Ganeshan 2.G.Palaniammal .. Petitioners/Petitioners vs M.Mohammed Nishar .. Respondent/Respondent The Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Munsif Court, Ramanathapuram to expedite E.P.No.37 of 2015 in R.C.O.P.No.19 of 2008 within stipulated time fixed by this Court.

For Petitioner ... Mr.P.S.Palanivelrajan

O R D E R

The Civil Revision Petition has been filed to expedite E.P.No.37 of 2015 in R.C.O.P.No.19 of 2008 within stipulated time as fixed by this Court.

2.The petitioners herein filed a petition in R.C.O.P.NO.19 of 2008 under Section 10(2)(i), 10(3) (a) (I) (ii) (iii) and 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, praying for an order of eviction and the same was allowed on 04.10.2013 directing the respondent to vacate and hand over the vacant possession of the schedule mentioned property within a period of two months from the date of that order. As against the said order, the respondent herein filed an appeal in R.C.A.No.18 of 2013, on the file of the learned Subordinate Judge, Ramanathapuram and the same was dismissed for default. Thereafter, the petitioners filed an Execution Petition in E.P.No.37 of 2015 in R.C.O.P.No.19 of 2008, on the file of the learned District Munsif, Ramanathapuram and the same is pending. Thereafter, E.A.No.26 of 2016 was filed in E.P.

No.37 of 2014. Since E.A.No.37 of 2015 in R.C.O.P.No.19 of 2008 is pending without any progress, the petitioner has come forward with the present civil revision petition. 3.Heard the learned counsel for the petitioner. 4.The learned counsel for the petitioner submitted that it would suffice if the learned District Munsif, Ramanathapuram is directed to dispose of E.A.No.37 of 2014 in E.P.No.37 of 2015, which is pending before him, as early as possible. https://hcservices.ecourts.gov.

5.Considering the submission made by the learned counsel for the petitioner and in the interest of justice, this Court directs the learned District Munsif, Ramanathapuram to dispose of E.A.No.37 of 2014 in E.P.No.37 of 2015 as expeditiously as possible preferably within a period of four months from the date of receipt of a copy of this order.

6.With the above said direction, the Civil Revision Petition is disposed of There is no order as to costs. Consequently, connected M.P.No.1 of 2010 is closed.

Sd/ Assistant Registrar(T & P) /TRUE COPY/ Sub Assistant Registrar To The District Munsif, Ramanathapuram.

+1cc to M/s.K.P.S.Palanivel Rajan, Advocate, in SR No.73171. C.R.P.(MD)No.2425 of 2016 Date: 25.11.2016 cla msm/ss3/sar3/08.12.16/p2/3c https://hcservices.ecourts.gov.in/hcservices/