R. Pitchai v. S. Periyanayagam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Pitchai ... Petitioner versus S.Periyanayagam ... Respondent Civil Revision Petition filed under Article 227 of Constitution of India, seeking a direction to the Rent Control Appellate Authority cum Principal Sub Judge, Tiruchirappalli, to dispose of I.A.No.1 of 2019 in R.C.A.No.31 of 2016 within a stipulated period. For Petitioner : Mr.R.Sundar

ORDER

This Civil Revision Petition is filed seeking a direction to the Rent Control Appellate Authority cum Principal Sub Judge, Tiruchirappalli, to dispose of I.A.No.1 of 2019 in R.C.A.No.31 of 2016 1/4

within a stipulated period.

2. The petitioner herein is the tenant and he suffered an order of eviction passed by the Rent Controller in R.C.O.P.No.16 of 2012 dated 29.04.2016, against which, he has preferred an Appeal before the Rent Control Appellate Authority (learned Principal Sub Judge), Trichy, in R.C.A.No.31 of 2016 and also filed an application in I.A.No.1 of 2019 seeking an order of stay of operation of the order dated 29.04.2016 passed in R.C.O.P.No.16 of 2012 by the Rent Controller (1st Additional District Munsif Court), Trichy.

3. Now, it is the grievance of the petitioner that in the said interlocutory application in I.A.No.1 of 2019, stay was granted by the Rent Control Appellate Authority and due to non-appearance of the petitioner's counsel, it has been vacated during the period of Covid-19 and taking advantage of the same, the respondent is insisting the Executing Court to pass an order of delivery. Therefore, he requested 2/4

this Court to direct the Rent Control Appellate Authority to decide the interlocutory application in I.A.No.1 of 2019.

4. In view of the nature of order to be passed in this case, notice to the respondent is dispensed with.

5. Considering the limited relief sought for in the Civil Revision Petition, this Civil Revision Petition is disposed of with a direction to Rent Control Appellate Authority (Principal Sub-Judge), Tiruchirappalli, to dispose of I.A.No.1 of 2019 within a period of four weeks from the date of receipt of a copy of this order and also decide R.C.A.No.31 of 2016, within a period of two months from the date of disposing the said interlocutory application. No costs. 02.12.2022 ogy Index : Yes / No.

Internet: Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Rent Control Appellate Authority (Principal Sub Judge), Tiruchirappalli.

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