Disposed

G. Savarimuthu v. Sudarali

Madras HC10 Apr 2014CRP(MD)/486/2014

Case brief

AI extract

What is this about?

This civil revision petition under Article 226 challenged an order returning a stay application pending a transfer petition. Noting the withdrawal of the transfer petition, the court directed the Rent Control Appellate Authority to take the application on file for disposal.

What did the court decide?

Directed the Rent Control Appellate Authority, Tuticorin to take the stay application on file and dispose of it on merit.

G. Savarimuthu Vs Sudarali — Civil Procedure and Limitation | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2014 CORAM:

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THE HON'BLE MR.JUSTICE T.MATHIVANAN C.R.P.(PD).MD.No.486 of 2014

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G.Savarimuthu

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..Petitioner/Petitioner/Appellant

Vs.

1.Sudarali

2.Joyee Soloman

3.Moses Pandian

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4.Mary Ananthi

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5.Johnson Raj Kumar .. Respondents/Respondents/Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records relating to the impugned order passed by the Subordinate Judge, Thoothukudi in I.A.D.No.97 of 2014, dated 08.01.2014 and set aside the same and direct the learned Subordinate Judge, Thoothukudi to number the I.A.

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For Petitioners :Mr.N.Dilip Kumar For respondents :Mr.S.Kadarkarai

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O R D E R

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When the Civil Revision Petition is taken up for hearing, the learned counsel appearing for the revision petitioner has submitted that previously a Transfer Original Petition was filed and it is pending before the learned District Judge, Tuticorin and that is why, the application to grant stay under Order 41 Rule 5 of the Civil Procedure Code, which was filed before the learned Rent Control Appellate Authority, was returned simply on the ground that transfer petition was pending.

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2.Now, the learned counsel appearing for the revision petitioner has made an endorsement on the grounds of revision petition saying that the Transfer Original Petition has been withdrawn from the file of the learned District Judge, Tuticorin and therefore, this Court finds that there is no impediment in taking the application for stay on the file of the learned Rent Control Appellate Authority.

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3.Under the said circumstances, this Civil Revision Petition is disposed of with a direction to the learned Rent Control Appellate Authority, Tuticorin to take the stay application on the file, if otherwise found to be in order and dispose of the same on merit, in accordance with law, on production of a copy of the order passed in the Transfer Original Petition by the learned District Judge. No costs. Consequently, connected M.P.(md).No.1 of 2014 is closed.

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sd/-

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Assistant Registrar (Crl.Side)

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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vs To

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

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2.The Principal District Munsif, Tuticorin

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3.The District Munsif, Tuticorin.

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+1CC to Mr. N.Delipkumar,Advocate in SR.No.22834

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+1CC to Mr.s.Kadarkarai, Advocate in SR.No.22461

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C.R.P.(PD).MD.NO.486 of 2014

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10.04.2014

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rg.06.05.2014 2p.6c.

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https://hcservices.ecourts.gov.in/hcservices/

G. Savarimuthu v. Sudarali

Case brief

What is this about?

What did the court decide?

G. Savarimuthu v. Sudarali

Case brief

What is this about?

What did the court decide?

What the court decided

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