Heard both sides.
2. The order passed in E.P.No.166 of 2007 in R.C.O.P.No.19 of 2003 is under challenge in this revision petition which was filed under Order 21 CPC for delivery of possession. The said petition was ordered accordingly by the learned Execution Court on 8.2.2008. In the mean time, the order of delivery of possession in R.C.O.P.No.19 of 2003 was challenged by the tenant in R.C.A.No.26 of 2008 before the learned Rent Control Appellate Authority/Sub Court, Mannargudi who also concurring with the findings of the learned Rent Controller had dismissed the appeal.
3. The learned counsel for the revision petitioner would contend that the tenant has also preferred Civil revision petition against the Judgment in RCA No.26 of 2008 but the learned counsel is not in a position to furnish even CRP SR.Number. Under such circumstances, I do not find any reason to interfere with the order passed in E.P.No.166 of 2007 in R.C.O.P.No.19 of 2003 on the file of the learned Rent Controller/District Munsif, Mannargudi.
4. In fine, this civil revision petition is dismissed. The learned Execution Court is directed to dispose of E.P.No.166 of 2007 within two weeks from the date of receipt of a copy of this order. At this juncture, the learned counsel appearing for the respondent would represent that the respondent may be permitted to withdraw a sum of Rs.20,000/- which was under the Court deposit to the credit of R.C.O.P.No.19 of 2003 on the file of the learned Rent Controller/District Munsif, Mannargudi as per the orders of this Court in this Civil revision petition in C.R.P.(NPD) NO.1316 of 2008 and M.P.No.1 of 2008. It is brought to the notice of this Court that the said conditional order has already been complied with and the petitioner has deposited a sum of Rs.20,000/-. The respondent is entitled to withdraw the said amount of Rs.20,000/- which is deposited to the credit of R.C.O.P.No.19 of 2003 on the file of the Rent Controller/District Munsif, Mannargudi without furnishing any security. No costs. Consequently connected M.P.No.1 of 2008 is also dismissed.
02.04.2009 Index:Yes Index:yes sg Note:Issue order copy today(2.4.2009) To the District Munsif, Mannargudi A.C.ARUMUGAPERUMAL ADITYAN,J sg C.R.P(NPD)No.1316 /2008 02.04.2009