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Madras High CourtCRP(MD)/1889/2019disposed of

N.V.G.P.Rajaram v. Rajamani

2019-10-22Honourable Mr Justice Krishnan Ramasamy2 pages

CRP(MD)No.1889 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CRP(MD)No.1889 of 2019

1. N.V.G.P.Rajaram

2. B.R.Manoharan ... Petitioners versus Rajamani ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, seeking a direction to the Rent Controller cum District Munsif Court, Dindigul, to dispose of E.P.No.42 of 2018 in H.R.C.O.P.No.31 of 2016, within the stipulated time. For Petitioners :

Mr.G.Gomathi Sankar

ORDER

This Civil Revision Petition has been filed seeking a direction to the Rent Controller cum District Munsif Court, Dindigul, to dispose of E.P.No.42 of 2018 in H.R.C.O.P.No.31 of 2016, within the stipulated time.

2.

The learned counsel appearing for the revision petitioners submitted that the revision petitioners, who are the landlords, filed HRCOP No.31 of 2016 before the Rent Controller cum District Munsif, Dindigul, for eviction on the ground of wilful default, wherein, notice was served on the tenant/respondent, but, he did not file any counter and hence, the petition was decreed ex parte, against which, the respondent herein has not preferred any appeal. After lapse of one year from the date of passing the decree, the respondent did not turn up for paying arrears of rent. Hence, the revision petitioners filed Execution Petition in E.P.No.42 of 2018, wherein, notice was served on the respondent and counter was filed, however, the respondent herein prolonged the proceedings, by getting adjournments from time to time without any reasons. Hence, the present revision petition has been filed.

3. It is further submitted by the learned counsel for the revision petitioners that the first revision petitioner herein is aged about 90 years. Therefore, he seeks a direction for early disposal of E.P.No.42 of 2018.

4. Considering the facts and circumstances of the case and also considering the age of the first revision petitioner and without going into the merits of the issue , the learned Rent Controller cum District Munsif Court, Dindigul, is directed to https://hcservices.ecourts.gov.in/hcservices/ 1/3

CRP(MD)No.1889 of 2019 dispose of E.P.No.42 of 2018 in H.R.C.O.P.No.31 of 2016, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) ogy To The learned Rent Controller cum District Munsif Court, Dindigul.

+1 CC to Mr.G.GOMATHI SANKAR, Advocate ( SR-94028[F] dated 23/10/2019 ) CRP(MD)No.1889 of 2019 22.10.2019 VB(27.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/3