Madras High CourtCRP(MD)/2024/2019disposed of

A.S.Saiful Islam Ahamed v. S.Mohamed Enayadhulla

2019-11-12Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P.(MD).No.2024 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).No.2024 of 2019 A.S.Saiful Islam Ahamad ... Petitioner/Respondent/ Landlord Vs.

S.Mohamed Enayadhulla ... Respondent/Petitioner/Tenant PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Rent Controller (District Munsif Court), Periyakulam, to dispose of the Rent Control Original Petition in R.C.O.P.No.2 of 2018 within a definite time framed by this Court.

For Petitioner : Mr.M.Mohamed Ibrahim Saibu

O R D E R

The Civil Revision Petition has been filed seeking a direction to the Rent Controller (District Munsif Court), Periyakulam, to dispose of the R.C.O.P.No.2 of 2018.

2. According to the revision petitioner, the R.C.O.P.No.2 of 2018 is filed in the year 2018 and the same is pending for the past one year. Hence, the revision petitioner has filed the present Civil Revision Petition seeking a direction to the learned Rent Controller, District Munsif Court, Periyakulam, for early disposal of the R.C.O.P.No.2 of 2018.

3. The learned counsel appearing for the revision petitioner would submit that as per the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the Rent Control Original Petitions should be disposed of within a period of nine months from the date of filing the appeal. But, the R.C.O.P.No.2 of 2018 is pending for the past one year without any progress. Hence, the petitioner has filed the present civil revision petition.

4. In view of the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the Court below should have disposed of the R.C.O.P.No.2 of 2018 within a period of nine months, but the Court below has not disposed of the same within a time. Hence, this Court is constrained to direct the learned Rent Controller, District Munsif Court, Periyakulam to dispose of the R.C.O.P.No.2 of 2018, on merits and in accordance with law, within a period of six months https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.2024 of 2019 from the date of receipt of a copy of this order, without fail.

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

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) akv To The Rent Controller, District Munsif Court, Periyakulam.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-98341[F] dated 14/11/2019 ) C.R.P.(NPD).(MD).No.2024 of 2019 12.11.2019 KM/(26.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2