Dismissed

Home Finders Housing Ltd. v. S.Priyadharsini

Madras HC3 Sept 2021CRP/3951/2017

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging an order dismissing I.A.No.15 of 2016. The Court held that the applicability of the Tamil Nadu City Tenants Protection Act was already decided in C.R.P.(NPD) No.602 of 2018, rendering the current petition covered by that precedent. The Court also directed the Subordinate Judge to dispose of the pending suit within six months.

What did the court decide?

The civil revision petition was dismissed with the direction to the Subordinate Judge to dispose of the pending suit within six months.

Home Finders Housing Ltd. Vs S.Priyadharsini — Writ and Judicial Review | Madras HC (2021)

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C.R.P.(NPD) No.3951 of 2017

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.09.2021

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CORAM

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THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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C.R.P.(NPD) No.3951 of 2017
and
C.M.P.No.18457 of 2017
M/s.Home Finders Housing Limited,
Represented by its Chairman and
Managing Director,
Lamicale Club, Michael Garden,
Thiruvalluvar Salai,
Ramapuram, Chennai – 600 089. .. Petitioner
Versus
1.S.Priyadharsini
2.Arokia Marie Jawequelen
3.Catherine Vidhyavathi
4.Nithyavathi
5.Harriet Sathyavathi .. Respondents

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Prayer: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code to set aside the order dated 08.12.2016 in C.M.A.No.12 of 2016 on the file of the III Additional District Judge, Tiruvallur at Poonamallee confirming the order dated 19.02.2016 passed in I.A.No.15 of 2016 in O.S.No.129 of 2011 on the file of the Sub Judge, Poonamallee and allow I.A.No.15 of 2016 as prayed for.

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For Petitioner : Mr.J.Saravanavel For Respondents : Mr.R.Bharath Kumar

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https://www.mhc.tn.gov.in/judis/ 1/4

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C.R.P.(NPD) No.3951 of 2017

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O R D E R

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This Civil Revision Petition has been filed against the order dated 08.12.2016 passed by the III Additional District Judge, Tiruvallur at Poonamallee in C.M.A.No.12 of 2016, confirming the order dated 19.02.2016 passed by the Sub Judge, Poonamallee in I.A.No.15 of 2016 in O.S.No.129 of 2011.

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When the matter is taken up for hearing, the learned counsel appearing on both sides submitted that the issue involved in the present Civil Revision Petition is whether the Tamil Nadu City Tenants Protection Act will apply for the case on hand?

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The learned counsel appearing on either side further submitted that a similar issue was already decided by this Court in C.R.P.(NPD) No.602 of 2018 dated 13.07.2021. The issue in the said Civil Revision Petition and this Civil Revision Petition are one and the same and the land involved in both Civil Revision Petitions are adjacent lands. Hence, this case is squarely covered by the order of this Court rendered in C.R.P.(NPD) No.602 of 2018 dated 13.07.2021.

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https://www.mhc.tn.gov.in/judis/ 2/4

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C.R.P.(NPD) No.3951 of 2017

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As the issue involved in this case is squarely covered by the order of this Court made in C.R.P.(NPD) No.602 of 2018 dated 13.07.2021, no further orders are required in this Civil Revision Petition and the same stands dismissed.

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However, it is stated that a suit in O.S.No.129 of 2011 filed by

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the respondents is pending before the Subordinate Judge, Poonamallee. Therefore, the Subordinate Judge, Poonamallee is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

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03.09.2021

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Index : yes/no Internet: yes/no rsi

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1.The III Additional District Judge, Tiruvallur at Poonamallee.

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2.The Subordinate Judge, Poonamallee.

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https://www.mhc.tn.gov.in/judis/ 3/4

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C.R.P.(NPD) No.3951 of 2017

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KRISHNAN RAMASAMY, J

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rsi

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C.R.P.(NPD) No.3951 of 2017
and
C.M.P.No.18457 of 2017
03.09.2021

¶30

https://www.mhc.tn.gov.in/judis/ 4/4

Home Finders Housing Ltd. v. S.Priyadharsini

Case brief

What is this about?

What did the court decide?

Home Finders Housing Ltd. v. S.Priyadharsini

Case brief

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