Madras High CourtCRP(MD)/1429/2019disposed of

K.Narayanasamy v. V.Geetha

2019-08-26Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P(MD)No.1429 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD)No.1429 of 2019 1.K.Narayanasamy 2.N.Balakrishnan 3.N.Srinivasan .. Petitioners/ Landlord Vs.

V.Geetha .. Respondent/Tenant PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India praying to direct the learned Rent Controller, Madurai (Principal District Munsif, Madurai) to speedily dispose of the proceedings in I.A.No.102 of 2019 in R.C.O.P.No.232 of 2015 on the file of the the learned Rent Controller, Madurai (Principal District Munsif, Madurai). For petitioners : Mr.S.Parthasarathy

ORDER

This civil revision petition has been filed by the petitioners/ landlord seeking for a direction to the learned Rent Controller/ Principal District Munsif, Madurai to dispose of I.A.No.102 of 2019 in R.C.O.P.No.232 of 2015, expeditiously. 2.According to the petitioners/landlord, they filed R.C.O.P.No.232 of 2015 on the ground of wilful default and also on the ground that the respondent/tenant has indulged in illegal and unlawful activities by causing damage to the rented premises. Since the respondent / tenant had not chosen to pay the arrears and also the subsequent rents, the petitioners / landlord have also filed I.A.No.102 of 2019 seeking to direct the respondent / tenant to deposit the arrears of rent, failing which, to order for eviction. The respondent / tenant had received the notice on 11.03.2019. But the said interlocutory application has been adjourned on various dates for filing counter on the side of the respondent / tenant. Therefore, the petitioners / landlord have filed this revision petition seeking a direction for early disposal of I.A.No.102 of 2019.

3.Heard the learned counsel for the petitioners / landlord. In view of the limited relief sought for by the petitioners / https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.1429 of 2019 landlord and also considering the fact that the disposal of this petition, would not cause any prejudice to the respondent / tenant, this Court is of the view that notice need not be sent to the respondent / tenant.

4.Considering fact that the interlocutory application has been adjourned on various dates and also considering the submission of the learned of the petitioners / landlord, this Court is inclined to direct the Court below to dispose of I.A.No.102 of 2019 in R.C.O.P.No.232 of 2015 on merits and in accordance with law as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. Both the parties are directed to cooperate with the Court below for early disposal of the same.

5.Accordingly, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) To The Rent Controller / Principal District Munsif, Madurai.

COPY TO The Record Keeper,-2 copies V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S. PARTHA SARATHY, Advocate ( SR-83349[F] dated 26/08/2019 ) SMN ORDER MADE IN C.R.P(MD)No.1429 of 2019 26.08.2019 KM/(09.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2