Madras High CourtCMP(MD)/12295/2019ordered

Bharath v. Nirmala Kasthoori Bhai

2020-10-13Honourable Mr Justice R. Mahadevan2 pages

CMP(MD)No.12295 and 12297 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT CIVIL APPELLATE JURISDICTION TUESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY PRESENT THE HON`BLE MR.JUSTICE R.MAHADEVAN CMP(MD)NOS.12295 AND 12297 OF 2019 IN CRP(MD)NOS. 1072 AND 1073 OF 2013 Bharath ... Petitioner/Petitioner in both petitions / VERSUS / Nirmala Kasthoori Bhai ... Respondent/Respondent in both petitions Civil Miscellaneous Petitions filed under Order 9 Rule 9 of Civil Procedure Code, praying this Court to set aside the order of dismissal for non prosecution dated 15.11.2019 and restore the above CRP(MD)Nos.1072 and 1073 of 2013.

PRAYER IN C.R.P.(MD)Nos. 1072 and 1073 OF 2013 : Petitions filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, against the judgment and decree in RCA No. 71 of 2011 and 21 of 2012 on the file of the Rent Control Appellate Authority (Principal Sub Court), Tirunelveli dated 07/02/2013, confirming the judgment and decree passed in RCOP No.12 and 27 of 2010 on the file of the Rent Controller (1st Additional District Munsif Court), Tirunelveli dated 06/09/2011. ORDER:- These Civil Miscellaneous Petitions coming up for hearing on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.N.GA.Natraj, Advocate for the Petitioner in both the petitions and of Mr.V.Balaji, Advocate for the respondent in both the petitions, this Court made the following order: These Miscellaneous Petitions have been filed to set aside the order dated 15.11.2019 dismissing the Civil Revision Petitions.

2. Having been satisfied with the reasons assigned in the affidavits filed in support of these Miscellaneous Petitions and also the submission made by the learned counsel for the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD)No.12295 and 12297 of 2019 these petitions are ordered and the Civil Revision Petitions are restored.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1.The Rent Control Appellate Authority (Principal Sub Court), Tirunelveli.

2.The Rent Controller (1st Additional District Munsif Court), Tirunelveli.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai Order Dated: 13/10/2020 ====================== ORDER:

====================== CMP(MD)Nos.12295 and 12297 of 2019 in CRP(MD).Nos.1072 and 1073 of 2013 Giving direction and etc as stated within.

SGS(CO) NR (29/10/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2