T.Pushpam v. S.Murugeswari
Case brief
What is this about?
Tenants filed drainage petitions for speedier disposal of eviction appeals and challenged execution of eviction orders. The Court dismissed the execution challenge, finding the executing court correctly ignored an alleged appeal not reflected in the counter, and directed speedier disposal of the appeal.
What did the court decide?
Direction to Principal Subordinate Judge to dispose appeal within one month; execution proceedings on challenge dismissed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD) No.1784 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P(PD) (MD)Nos.1029 and 1784 of 2021 and C.M.P(MD) No.9537 of 2021
C.R.P(MD)Nos.1029 of 2021 T.Pushpam ... Petitioner/Respondent Vs. S.Murugeswari ... Respondent/Appellant/Tenant PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Madurai, to dispose R.C.A.No.26 of 2020 within a stipulated time fixed by this Court. For Petitioner : Mr.V.Panneer Selvam For Respondent : Mr.P.Banuprasath C.R.P(MD)Nos.1784 of 2021 S.Murugeswari ... Petitioner/Respondent/Respondent Vs. T.Pushpam ... Respondent/Petitioner/Petitioner
PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Madurai, to dispose R.C.A.No.26 of 2020 within a stipulated time fixed by this Court.
PRAYER:- Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order dated 04.10.2021 made in E.P.No.85 of 2020 in R.C.O.P.No.185 of 2018 on the file of the Additional District Munsif, Madurai and allow the above civil revision petition.
For Petitioner : Mr.P.Banuprasath For Respondent : Mr.V.Panneer Selvam
COMMON ORDER
Issues for consideration
3 issues framed by the court
Whether directing the Principal Subordinate Judge to dispose of the Rent Control Appeal within one month under Article 227 for speedy disposal.
Whether to set aside the eviction order in execution proceedings on the ground that the tenant alleged a pending appeal was overlooked.
Whether the Executing Court correctly proceeded to allow eviction despite the tenant's claim regarding a pending appeal.
Parties & counsel
- petitioner
S. Murugeswari
- respondent
T. Pushpam
- respondent
S. Murugeswari
- petitioner
T. Pushpam
Coram
Case details
As recorded by the court registry
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