Dharmathurai v. T.Balaji

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)Nos.10834 and 13939 of 2023 1.Dharmathurai 2.M.V.M.Gopi 3.T.K.T.T.Prem Anand 4.K.Yogesh : Petitioners/Petitioners/ 3rd Parties Vs.

1.T.Balaji 2.T.Ganesan :Respondents 1 & 2/Respondents 1 & 2/ Appellants 1 & 2 3.Ramanathapuram Vadathisai Hindu Kshatriya Nadar Uravinmurai Sangam Rep.by its Secretary, Vandikara Street, Nadar Pettai, Ramanathapuram Town, Ramanathapuram District.

: 3rd Respondent/3rd Respondent/ 1st Respondent 1/6

4.M.S.Balaji Karthikeyan :3rd Respondent/3rd Petitioner/ 3rd Party Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of dismissal passed in I.ANo.237 of 2023 in R.C.A.No.4 of 2014 on the file of the learned Subordinate Judge, Ramanathapuram, dated 28.04.2023.

For Petitioners : Mr.K.R.Laxman For Respondents : Mr.V.Meenakshi Sundaram, for R1 & R2. : Mr.H.Thayumanaswamy, for R3.

ORDER

The Civil Revision Petition is directed against the order passed in I.ANo.237 of 2023 in R.C.A.No.4 of 2014, dated 28.04.2023 on the file of the Subordinate Court, Ramanathapuram, dismissing the petition filed under Order 1 Rule 10 (2) C.P.C

2. The third respondent has filed an eviction petition in R.C.O.P.No.1 of 2013, against the respondents 1 and 2 and eviction was ordered on 11.03.2014; that the respondents 1 and 2 have preferred an appeal in 2/6

R.C.A.No.4 of 2014 and the same is pending on the file of the Sub Court, Ramanathapuram. During pendency of appeal, the revision petitioners/third parties have filed the above application in I.A.No.237 of 2022 to implead them that they are the administrators of Ramanathapuram Vadathisai Hindu Kshatriya Nadar Uravinmurai Sangam as they were 'Muraikararhal' of the society.

3. The respondents 1 and 2 have filed counter statement raising serious objections. The trial Court after conducting enquiry, has passed the impugned order, dismissing the petition.

4. It is seen from the records that the appeal, despite granting sufficient opportunities for the tenant to advance their arguments, was dismissed for default on 05.12.2018 and that subsequently, at the first instance of the tenant, the appeal was restored to file on 26.04.2022 and that when the appeal was posted for arguments finally, the above application came to be filed. The learned trial Judge, by observing that the petitioners have not produced any iota of evidence to show that they have been administering the Society and managing the properties and they have not offered any reason or explanation for not intervening in the rent control proceeding as well as in 3/6

the appeal proceedings from 2013 and that the petition is highly belated and there are no merits, dismissed the petition.

5. A cursory perusal of the records would disclose that the proposed parties in collusion with the tenant have come forward with the above application for impleadment.

6. As already pointed out, the rent control proceedings are pending from 2013 and the above petition came to be filed only in 2023. Considering the above facts and circumstances of the case, the impugned order, dismissing the petition cannot be found fault with. Hence, this Court concludes that the civil revision is devoid of merits and the same is liable to be dismissed.

7. In the result, this Civil Revision Petition is dismissed. Since the rent control proceeding is pending from 2013, the Rent Control Appellate Authority is hereby directed to proceed with hearing of the appeal and dispose of the same within a period of six weeks from the date of receipt of copy of this order, uninfluenced by the observations made in the order while deciding the Rent Control Appeal. Consequently, connected Miscellaneous 4/6

Petitions is closed. No costs. The petitioner is liberty to take appropriate proceedings against the third respondent.

16.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The Subordinate Judge, Ramanathapuram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR ,J.

das Order made in and C.M.P.(MD)Nos.10834 and 13939 of 2023 Dated : 16.11.2023 6/6