Madras High CourtCRP(MD)/1403/2019disposed of

P.Chinnakani v. A,Rajaram

2019-08-20Honourable Mr Justice R. Pongiappan2 pages

CRP(MD)No.1403 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN CRP(MD)No.1403 of 2019 P.Chinnakani ... Petitioner/Landlord versus A.Rajaram ... Respondent/Tenant Civil Revision Petition filed under Article 227 of Constitution of India, praying for expeditious disposal of the petition in R.C.O.P.No.1 of 2016 pending on the file of the learned Rent Controller (I Additional District Munsif Court), Nagercoil, within the time frame as may be fixed by this Court. For Petitioner :

Mr.B.Anandan

ORDER

The petitioner in R.C.O.P.No.1 of 2016 on the file of the learned Rent Controller (I Additional District Munsif Court), Nagercoil, is the petitioner herein. He has preferred this Civil Revision Petition under Article 227 of Constitution of India, seeking a direction to the learned Rent Controller (I Additional District Munsif Court), Nagercoil, to dispose of R.C.O.P.No.1 of 2016, as early as possible, in a time frame manner.

2. Before the trial Court, in the year 2016, the petitioner filed a petition in R.C.O.P.No.1 of 2016, seeking an order for evicting the respondent from the petition mentioned property. As of now, the said petition is pending before the trial Court, for examination of respondent's side evidence. Only in the said circumstances, the petitioner has approached this Court by way of filing this petition.

3. Now, on going through the copy of B diary submitted by the petitioner, it would disclose that in earlier, the petition filed by the petitioner was adjourned 120 times for completing the enquiry. Even after granting 120 adjourments, now, the application is posted only for cross-examination of R.W.1.

4. So, considering the number of adjourments granted by the Rent Controller and also for the reason that R.C.O.P.No.1 of 2016 filed by the petitioner is for the relief of eviction on the ground of willful default, I am of the considered opinion that it is a fit case for issuing direction to the Rent Controller to dispose of R.C.O.P.No.1 of 2016 in a time frame manner.

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CRP(MD)No.1403 of 2019

5. Accordingly, the learned First Additional District Munsif, Nagercoil, is directed to dispose of R.C.O.P.No.1 of 2016, as early as possible, preferably, on or before 20.12.2019.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To The learned Rent Controller (I Additional District Munsif Court), Nagercoil.

+1 CC to M/s.B.ANANDAN, Advocate SR-82650.

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