Dismissed

Dharmathurai v. T.Balaji

Madras HC16 Nov 2023CRP(MD)/2159/2023

Case brief

AI extract

What is this about?

The Madras High Courtdismissed a civil revision petition under Article 227. The High Court held that allowing impleadment was highly belated as the parties failed to intervene in rent control and appellate proceedings from 2013 to 2023 despite being administrators. The High Court dismissed the revision based on lack of merits and directed the appeal authority to dispose of the pending appeal withi

What did the court decide?

Civil revision petition dismissed; rent control appellate authority directed to dispose of pending appeal within six weeks.

Dharmathurai Vs T.Balaji — Property and Title | Madras HC (2023)

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C.R.P.(MD)No.2159 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.11.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.2159 of 2023 and C.M.P.(MD)Nos.10834 and 13939 of 2023

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1.Dharmathurai

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2.M.V.M.Gopi 3.T.K.T.T.Prem Anand 4.K.Yogesh : Petitioners/Petitioners/ 3^rd Parties

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Vs.

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1.T.Balaji

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2.T.Ganesan :Respondents 1 & 2/Respondents 1 & 2/ Appellants 1 & 2

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3.Ramanathapuram Vadathisai Hindu Kshatriya Nadar Uravinmurai Sangam Rep.by its Secretary, Vandikara Street, Nadar Pettai, Ramanathapuram Town, Ramanathapuram District. : 3^rd Respondent/3^rd Respondent/ 1^st Respondent

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

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C.R.P.(MD)No.2159 of 2023

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4.M.S.Balaji Karthikeyan :3^rd Respondent/3^rd Petitioner/ 3^rd Party

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of dismissal passed in I.ANo.237 of 2023 in R.C.A.No.4 of 2014 on the file of the learned Subordinate Judge, Ramanathapuram, dated 28.04.2023.

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For Petitioners : Mr.K.R.Laxman

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For Respondents : Mr.V.Meenakshi Sundaram, for R1 & R2. : Mr.H.Thayumanaswamy, for R3.

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ORDER

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The Civil Revision Petition is directed against the order passed in I.ANo.237 of 2023 in R.C.A.No.4 of 2014, dated 28.04.2023 on the file of the Subordinate Court, Ramanathapuram, dismissing the petition filed under Order 1 Rule 10 (2) C.P.C

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The third respondent has filed an eviction petition in R.C.O.P.No.1

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of 2013, against the respondents 1 and 2 and eviction was ordered on 11.03.2014; that the respondents 1 and 2 have preferred an appeal in

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

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C.R.P.(MD)No.2159 of 2023

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R.C.A.No.4 of 2014 and the same is pending on the file of the Sub Court, Ramanathapuram. During pendency of appeal, the revision petitioners/third parties have filed the above application in I.A.No.237 of 2022 to implead them that they are the administrators of Ramanathapuram Vadathisai Hindu Kshatriya Nadar Uravinmurai Sangam as they were 'Muraikararhal' of the society.

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The respondents 1 and 2 have filed counter statement raising serious objections. The trial Court after conducting enquiry, has passed the impugned order, dismissing the petition.

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It is seen from the records that the appeal, despite granting sufficient opportunities for the tenant to advance their arguments, was dismissed for default on 05.12.2018 and that subsequently, at the first instance of the tenant, the appeal was restored to file on 26.04.2022 and that when the appeal was posted for arguments finally, the above application came to be filed. The learned trial Judge, by observing that the petitioners have not produced any iota of evidence to show that they have been administering the Society and managing the properties and they have not offered any reason or explanation for not intervening in the rent control proceeding as well as in

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C.R.P.(MD)No.2159 of 2023

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the appeal proceedings from 2013 and that the petition is highly belated and there are no merits, dismissed the petition.

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A cursory perusal of the records would disclose that the proposed parties in collusion with the tenant have come forward with the above application for impleadment.

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As already pointed out, the rent control proceedings are pending from 2013 and the above petition came to be filed only in 2023. Considering the above facts and circumstances of the case, the impugned order, dismissing the petition cannot be found fault with. Hence, this Court concludes that the civil revision is devoid of merits and the same is liable to be dismissed.

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In the result, this Civil Revision Petition is dismissed. Since the rent control proceeding is pending from 2013, the Rent Control Appellate Authority is hereby directed to proceed with hearing of the appeal and dispose of the same within a period of six weeks from the date of receipt of copy of this order, uninfluenced by the observations made in the order while deciding the Rent Control Appeal. Consequently, connected Miscellaneous

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C.R.P.(MD)No.2159 of 2023

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Petitions is closed. No costs. The petitioner is liberty to take appropriate proceedings against the third respondent.

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16.11.2023

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NCC :yes/No Index :yes/No Internet:yes/No das

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1.The Subordinate Judge, Ramanathapuram.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.2159 of 2023

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K.MURALI SHANKAR,J.

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das

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Order made in C.R.P.(MD)No.2159 of 2023 and C.M.P.(MD)Nos.10834 and 13939 of 2023

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Dated : 16.11.2023

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Dharmathurai v. T.Balaji

Case brief

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Dharmathurai v. T.Balaji

Case brief

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