A civil revision petition was filed seeking a direction to dispose of a pending execution application by the Rent Controller Court within a specified period due to the lapse of time. The High Court directed the court to dispose of the application within four months.
Direction to dispose of E.P.No.21 of 2018 within 4 months.
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C.R.P.No. 3933 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No. 3933 of 2024
1.M.Palanisamy 2.Gowri Palanisamy 3.Dharami
Vs .
D.Rangaraj ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to speedy disposal of the E.P.No.21/2018 in RCOP.No.15/2010 on the file of the Rent Controller cum Principal District Munsif Court, Erode, within a stipulated time fixed by this Hon'ble Court by appreciating the above stated facts and circumstances.
For Petitioner : M/s.M.Guruprasad
O R D E R
The above petition has been filed seeking for a direction to the Rent
Controller cum Principal District Munsif Court, Erode to dispose of EP.No.21 of 2018 within a specified period.
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C.R.P.No. 3933 of 2024
2 . The petitioners are the landlord and the respondent is the tenant. It
is the case of the petitioners/landlords that they had filed RCOP.No.15 of 2010, on the file of the Rent Controller cum Principal District Munsif Court, Erode, against the respondent/ tenant under Section 10(2)(i) and 3(A)(III) of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960, for eviction on the ground of willful default in the payment of rent committed by him. RCOP.No.15 of 2010 has been allowed by an order dated 25.10.2016, directing the respondent/tenant to vacate the premises within a period of 2 months. The respondent/tenant had filed RCOP.No.11 of 2010, on the file of the Rent Controller cum Principal District Munsif Court, Erode, seeking for a direction to deposit rents. RCOP.No.11 of 2010 has been dismissed on 25.10.2016. Against the orders passed in RCOP.Nos.11 and 15 of 2010, the respondent/tenant had preferred an appeal in R.C.A.Nos.8 and 9 of 2016 respectively, before the Principal Subordinate Judge, Erode. The Appellate Court by a common order dated 27.04.2018 had dismissed the appeal and confirmed the order passed by the Trial Court. Thereafter, the respondent/tenant has not preferred any appeal against the order passed by the Appellate Court.
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C.R.P.No. 3933 of 2024 3 . On 06.07.2018, the petitioners/landlords had filed E.P.No.21 of
2018, on the file of the Rent Controller cum Principal District Munsif, Erode, seeking for delivery of possession as per the Fair and Final order dated 25.04.2016 in RCOP.No.15 of 2010. Despite the lapse of 6 years, the said EP is still pending. Thereby, the present petition has been filed seeking for a direction to the Rent Controller cum Principal District Munsif Court, Erode to dispose of EP.No.21 of 2018 within a specified period.
4 . Taking into consideration that EP.No.21 of 2018 is pending from the year 2018, a direction is issued to the Rent Controller cum Principal District Munsif Court, Erode to dispose of EP.No.21 of 2018 in RCOP.No.15/2010, as expeditiously as possible, preferably within a period of 4 months from the date of receipt of a copy of this Order.
costs.
27.09.2024
shr Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order 3/5
C.R.P.No. 3933 of 2024
To:-
Principal District Munsif Court, Erode
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C.R.P.No. 3933 of 2024
A.D.JAGADISH CHANDIRA, J.
shr
C.R.P.No. 3933 of 2024
27.09.2024
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2 issues framed by the court
Whether the Rent Controller Court is directed to dispose of a pending execution application expeditiously.
Whether a stay of possession is required pending the disposal of the execution petition.
M.Palanisamy
Gowri Palanisamy
Dharami
D.Rangaraj
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
