Madras High CourtCRP(MD)/930/2020allowed

S.L.Chinnakuppusamy v. R.Renuka

2020-11-30Honourable Mr Justice N. Seshasayee2 pages

C.R.P.(MD)No.930 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.R.P.(MD)No.930 of 2020 S.L.Chinnakuppusamy .. Petitioner /landlord -VsR.Renuka ..Respondent/Tenant Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional District Munsif Madurai Town, to dispose of the E.P.No.50 of 2020 in R.C.O.P.No.163 of 2010 pending on the file of the learned Additional District Munsif, Madurai Town within the time limit that may be fixed by this Court.

For Petitioner : Mr.C.M.Arumugam for Mr.K.Manoharan

O R D E R

The petitioner herein is the landlord and he had laid R.C.O.P.No.163 of 2010 before the Rent Controller (Additional District Munsif) Madurai Town, and obtained an order of eviction. The order is stated to have become final. The landlord has laid E.P.No.50 of 2020. To expedite the disposal of the said execution petition, this Petition is filed.

2. The learned counsel for the revision petitioner submitted that the respondent /tenant is evading notice and hence, the Court has ordered paper publication and the matter has been posted on 04.12.2020. He requires the Court to expedite the matter.

3. The submissions are considered. If the respondent/tenant does not appear on 04.12.2020, there is some possibility of Execution Court ordering delivery of the property. If however, he has appeared before the Court, then he may have to be given an opportunity to place his objection, if any, to the Execution Petition. It may have to be reminded that the tenant does not enjoy too many grounds to resist the delivery in an execution proceedings filed to execute the order of eviction of the Rent Controller. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.930 of 2020 4.Taking into consideration the various possibilities, this Court directs that the execution petition in E.P.No.50 of 2020 in R.C.O.P.No.163 of 2010 shall be disposed of at the very earliest at any rate not later than February, 2021.

5. This Civil Revision Petition is allowed, accordingly. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Cm/ta To 1.The Additional District Munsif, Madurai Town. 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +2 CC to M/s.K.MANOHARAN, Advocate ( SR-23419[F] dated 01/12/2020 ) C.R.P.(MD)Nos.930 of 2020 30.11.2020 KG(CO) NR (21/12/2020) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2