Full Judgment
08. 01/2013 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA C.R.P.(NPD)(MD)No.2230 of 2012 and M.P.(MD)No.1 of 2012 Miyan .. Petitioner Vs Mariya Arulraj .. Respondent Petition filed under Article 227 of the Constitution of India, against the order dated 04.10.2012 made in I.A.No.330 of 2012 in R.C.A.No.45 of 2012 on the file of the Rent Control Appellate Authority / Principal Subordinate Judge, Trichy. !For petitioner ... Mr.R.Devaraj ^For respondent ... Ms.J.Maria Roseline :ORDER Heard both the sides. A resume of facts absolutely necessary for the disposal of this Civil Revision Petition would run thus: The respondent filed RCOP for eviction of the tenant on the ground of wilful default in paying the rent and also for owners occupation. The Rent Controller ordered eviction on both the grounds, against which R.C.A.No.45 of 2012 was filed by the tenant. The grievance of the revision petitioner is that after the filing of R.C.A., I.A.No.330 of 2012 was filed seeking stay of the operation of the order of delivery, but the Lower Court simply adjourned that I.A., ordering notice and thereafter, it has not been taken up for hearing. Aggrieved by the same, the present Civil Revision Petition has been filed. 2.The learned counsel for the respondent /landlord would submit that automatically the stay could not be granted even by the appellate Court simply for the sake of asking for it by the appellant. There are huge arrears of rent and in such a case, the revision petitioner cannot, as a matter of right demand the stay from the appellate Authority. 3.Be that as it may, as of now, I am not concerned with the merit of the matter and I am only concerned with the procedure involved in dealing with the said I.A. and R.C.A. Whenever any R.C.A. is filed as against the order of eviction passed by the Lower Court, that too on the ground of wilful default, no doubt the appellant would be interested in seeking stay and at that time, the appellate Court has got the discretion to impose conditions while granting stay. But in this case, the Lower Court has not passed any order. In the mean while, the present revision has been focussed relating to ordering of notice and adjournment of I.A. The learned counsel for the respondent would also implore and entreat that R.C.A. would be directed to be disposed of within a time frame. I would like to dispose of the Civil Revision Petition by passing the following direction: The appellate Authority shall take up the I.A. urgently and after hearing both the sides, pass suitable orders. Firstly, the I.A. has to be taken up and disposed of within a period of ten days from the date of receipt of a copy of this order and the appellate Authority shall also take endeavours to see that R.C.A. is disposed of within a period of three months from the date of receipt of a copy of this order. 4.The Civil Revision Petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs. 5.The learned counsel for the revision petitioner would make an extempore submission that the post of the appellate Authority is vacant, and in such a case, either the regular Judge or the Judge In-charge shall, on priority basis, take up the I.A. and pass suitable orders. KM To The Rent Control Appellate Authority/ The Principal Subordinate Judge, Trichy.