Justice P.T. Asha dismissed a civil revision petition filed under Article 227 of the Constitution of India challenging a procedural docket order of the Rent Controller that reserved execution proceedings and permitted written arguments.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2019
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.R.P(PD).No.553 of 2019
&
C.M.P.No.3661 of 2019
S.Anbazhagan ...Petitioner
Vs
G.R.Ravindran ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of
Constitution of India against the docket order 29.01.2019 made
R.C.E.P.No.18 of 2017 in R.C.O.P.No.06 of 2015 passed by the
Hon'ble learned Rent Controller – I (Full Additional Charge),
Puducherry.
For Petitioner : Mr.S.Chinnasamy
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ORDER
The above Civil Revision Petition is filed challenging the docket order dated 29.01.2019 of the learned Rent Controller – I (Full Additional Charge), Puducherry in R.C.E.P.No.18 of 2017 in O.P.No.06 of 201. The docket order reads as follows:
“Mr.S.Chinnasamy, Advocate, filed vakalat for respondent. Memo filed by respondent that they need time to prefer revision and the same was not permitted. Respondent side not ready for enquiry and seeks time for written arguments. Hence the E.P is reserved for orders. The respondent side is permitted to file written arguments on or before 13.02.2019. Order. Call on 14.02.2019.”
2.It is also stated that as against the order of eviction in
R.C.O.P.No.6 of 2005 the revision petitioner has filed an appeal R.C.A.SR, pending the R.C.A.SR he has filed I.A.No.1515 of 2017 for the stay, that petition has been dismissed with the Appellate Authority refusing to grant the stay.
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That order has not been challenged however, the revision
petitioner has challenged the docket order dated 29.01.2019,
which is only an order reserving Execution proceedings for orders
and also permitting the respondent to file the written arguments.
I find no merits in this Civil Revision Petition. The Civil Revision
Petition is dismissed. Consequently, connected Civil
Miscellaneous Petition is also closed.
13.02.2019
kan
Index : Yes/No
Speaking order/non-speaking order
To
The Rent Controller – I (Full Additional Charge),
Puducherry.
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P.T.ASHA, J.,
kan
C.R.P(PD).No.553 of 2019 &
C.M.P.No.3661 of 2019
13.02.2019
1 issue framed by the court
Whether Article 227 warranted a civil revision against the docket order reserving execution proceedings.
1 provisions across 1 enactments
S.Anbazhagan
G.R.Ravindran
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
