Lakshmi, v. K.Balamurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Lakshmi Rep. by her power agent Ramesh ... Petitioner versus K.Balamurugan ... Respondent Civil Revision Petition filed under Article 227 of Constitution of India, seeking a direction to the Appellate Authority/Subordinate Judge, Pudukkottai to dispose of R.C.A.No.2 of 2021 within a stipulated time.

For Petitioner : Mr.N.Balakrishnan For Respondent : Mr.S.Poornachandran 1/5

ORDER

The petitioner/landlord has approached this Court seeking a direction to the Appellate Authority/Subordinate Judge, Pudukkottai to dispose of R.C.A.No.2 of 2021 within a stipulated time.

2. The learned counsel appearing for the petitioner submits that the petitioner has filed a petition for eviction under Sections 10(2)(iii) and 10(3)(a)(i)&(ii) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, in R.C.O.P.No.26 of 2013 before the Rent Controller (Principal District Munsif Court), Pudukkottai, which was allowed by order dated 22.02.2021. Aggrieved over the same, the respondent/tenant preferred an appeal in R.C.A.No.2 of 2021 before the Rent Control Appellate Authority (Sub Court), Pudukkottai. Now, it is the grievance of the petitioner that though the appeal was filed in the year 2021, at the request of the respondent/tenant, it was periodically 2/5

adjourned. He further submits that the eviction petition filed in the year 2013 was also dragged on by the respondent/tenant for more than seven years and it was concluded only in the year 2021. The petitioner is also having an apprehension that the respondent/tenant may also drag on the appeal proceedings like that of the RCOP proceedings. Therefore, he approached this Court seeking a direction for early disposal of R.C.A.No.2 of 2021.

3. The learned counsel appearing for the respondent submits that there was no fault on the part of the respondent/tenant and he is also ready to co-operate with the appellate authority for early disposal of the appeal.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the learned Subordinate Judge, Pudukkottai, to dispose of R.C.A.No.2 of 2021, within a period of three months from the date of receipt of a copy of 3/5

this order.

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

10.01.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Sub Court, Pudukkottai.

2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.s 4/5

B.PUGALENDHI, J.

ogy 10.01.2023 5/5