Madras High CourtCRP(MD)/1109/2016dismissed

V.S.Sankaran, v. V.S.Krishnamoorthy,

2022-12-09Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) Nos.5587 of 2016 & 6947 of 2018 1.V.S.Sankaran 2.V.S.Sambamoorthy ... Petitioners/Petitioners/ Plaintiffs 2 & 3 Vs 1.V.S.Krishnamoorthy 2.M/s.A.R.Venkitasamy Naicker & Sons, Through its Shareholder, A.R.V.Ramachandran, 17, Chinnaiah Palliguda Street, Virudhunagar-1.

3.A.R.Venkitasamy Naicker (Died) 4.A.R.V.Jeyaraman 5.A.R.V.Jegannathan 6.A.R.V.Jegadeesan (Died) 7.A.R.V.Ramachandran 8.A.R.V.Jegadeesan & Co., Through its Proprietor, J.Vasanthi, No.17, Chinnaiah Palliguda Street, Virudhunagar.

9.M/s.A.R.V.Ramachandran & Co., Through its Proprietor, A.R.V.Ramachandran, Alagapuri Village, Meesalur Post, Virudhunagar.

10.G.Vijayalakshmi 11.G.Janarthanan 12.J.Vasanthi 13.Kalavathi 14.Abarna ... Respondents/Respondents/ Defendants 1 to 13 [Respondents 1, 3, 4, 6, 10 & 11 given up] Prayer: Petition filed under Article 227 of the Constitution of India to set aside the order dated 07.04.2016 made in I.A.No.82 of 2016 in O.S.No.11 of 2006 on the file of the Sub Court, Virudhunagar. For Petitioners :

Mr.M.S.Suresh Kumar For RR12 & 14 :

Ms.P.Jessi Jeeva Priya

O R D E R

This Civil Revision Petition has been filed challenging an order under which an application filed by the landlord under Section 10 of the Code of Civil Procedure to stay the suit has been dismissed.

2. Plaintiffs 2 and 3 are the revision petitioners herein.

3. According to the learned counsel for the petitioners, the suit has been filed by the landlords for recovery of rental arrears from the tenant. The landlords had filed I.A.No.82 of 2016 to stay the proceedings on the ground that the revision petition arising out of fair rent fixation is pending before the High Court.

4. In view of the orders passed in C.R.P.(NPD)(MD) No.447 of 2006 dated 09.12.2022, I find that nothing survives in this Civil Revision Petition. The trial Court had rightly dismissed the Section 10 application. Hence, the said order is confirmed. The Civil Revision Petition is dismissed. The learned Subordinate Judge, Virudhunagar, is directed to dispose of O.S.No.11 of 2006 on or before 30.04.2023. No costs. Consequently, connected miscellaneous petitions are closed. 09.12.2022 Index:Yes/No Internet:Yes abr

R.VIJAYAKUMAR, J.

abr To 1.The Subordinate Judge, Virudhunagar.

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

C.R.P.(PD)(MD) No.1109 of 2016 09.12.2022