Dismissed

Dharmathurai, v. Asiya Ammal

Madras HC16 Nov 2023CRP(MD)/2403/2023

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Civil Revision Petition filed under Article 227 against an order denying impleadment to parties claiming to be society administrators. The court found the application belated and lacking evidence, dismissing the revision but directing the appellate authority to proceed with pending rent control proceedings.

What did the court decide?

Civil Revision Petition dismissed; Rent Control Appellate Authority directed to hear and dispose of the appeal within six weeks.

Dharmathurai, Vs Asiya Ammal — Pension and Retirement Benefits | Madras HC (2023)

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C.R.P.(MD)No.2403 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.2403 of 2023 and C.M.P.(MD)No.12456 and 13875 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.Asiya Ammal

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2.Thangaraj : 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.2403 of 2023

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3.M.S.Balaji Karthikeyan : 4^th 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.1 of 2023 in R.C.A.No.7 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 For Respondents : Mr.V.Meenakshi Sundaram, for R1. : Mr.H.Thayumanaswamy, for R3. : No Appearance, for R2, R4

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ORDER

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The Civil Revision Petition is directed against the order passed in I.ANo.1 of 2023 in R.C.A.No.7 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.4

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of 2013, against the respondents 1 and 2 and eviction was ordered on

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C.R.P.(MD)No.2403 of 2023

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11.03.2014; that the respondents 1 and 2 have preferred an appeal in R.C.A.No.7 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.1 of 2023 to implead them alleging 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

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C.R.P.(MD)No.2403 of 2023

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offered any reason or explanation for not intervening in the rent control proceeding as well as in the appeal proceedings from 2013 and that the petition is highly belated and there are no merits, dismissed the petition.

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5.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, with the intention to help the tenant to gain time and protect the proceedings as much as possible.

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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

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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

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C.R.P.(MD)No.2403 of 2023

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copy of this order, uninfluenced by the observations made in the order, while deciding the Rent Control Appeal. Consequently, connected Miscellaneous Petitions are 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.2403 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.2403 of 2023 and C.M.P.(MD)No.12456 and 13875 of 2023

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Dated : 16.11.2023

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Dharmathurai, v. Asiya Ammal

Case brief

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Dharmathurai, v. Asiya Ammal

Case brief

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