S.M. Loganathan Vs. S. Govindaraj - Court Judgment

SooperKanoon Citationsooperkanoon.com/1179387
CourtChennai High Court
Decided OnOct-28-2015
Case NumberC.R.P.(NPD) No. 4189 of 2015 & M.P.No. 1 of 2015
JudgeD. Hariparanthaman
AppellantS.M. Loganathan
RespondentS. Govindaraj
Excerpt:
(prayer: civil revision petition has been filed against the order dated 20.08.2015 passed in mp.no.271 of 2015 in rca no.434 of 2015 on the file of the learned rent control appellate authority, viii judge, court of small causes, chennai refusing to grant stay of the order dated 03.07.2015 made in rcop.no.121 of 2014 on the file of the learned rent controller, xv judge, court of small causes, chennai.) 1. the revision petitioner is the tenant, who suffered a decree dated 03.07.2015 made in rcop.no.121 of 2014 on the file of the learned rent controller, xv judge, court of small causes, chennai, for eviction. he filed rca.no.434 of 2015 against the aforesaid judgment and decree made in rcop.no.121 of 2014. 2. the grievance of the revision petitioner is that pending appeal, stay was not granted. in the docket order made in mp.no.271 of 2015 in rca.434 of 2015, only notice was ordered. hence, the revision petitioner apprehends that the respondent would proceed with the execution proceedings. 3. in view of the same, this court directs the learned rent controller, not to proceed with the execution petition if any, till mp.no.271 of 2015 in rca no.434/2015 is disposed of. the appellate court, viii judge, small causes court, chennai is directed to dispose of mp.271/2015 in rca.no.434/2015 on merits and in accordance with law, 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 with the above directions. no costs. consequently, connected miscellaneous petition is closed.
Judgment:

(Prayer: Civil Revision Petition has been filed against the order dated 20.08.2015 passed in MP.No.271 of 2015 in RCA No.434 of 2015 on the file of the learned Rent Control Appellate Authority, VIII Judge, Court of Small Causes, Chennai refusing to grant stay of the order dated 03.07.2015 made in RCOP.No.121 of 2014 on the file of the learned Rent Controller, XV Judge, Court of Small Causes, Chennai.)

1. The revision petitioner is the tenant, who suffered a decree dated 03.07.2015 made in RCOP.No.121 of 2014 on the file of the learned Rent Controller, XV Judge, Court of Small Causes, Chennai, for eviction. He filed RCA.No.434 of 2015 against the aforesaid judgment and decree made in RCOP.No.121 of 2014.

2. The grievance of the revision petitioner is that pending appeal, stay was not granted. In the docket order made in MP.No.271 of 2015 in RCA.434 of 2015, only notice was ordered. Hence, the revision petitioner apprehends that the respondent would proceed with the execution proceedings.

3. In view of the same, this Court directs the learned Rent Controller, not to proceed with the execution petition if any, till MP.No.271 of 2015 in RCA No.434/2015 is disposed of. The Appellate Court, VIII Judge, Small Causes Court, Chennai is directed to dispose of MP.271/2015 in RCA.No.434/2015 on merits and in accordance with law, 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 with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.