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Lingesan vs R Ravi

Madras High Court|13 November, 2017
|

JUDGMENT / ORDER

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR C.R.P.(PD).No.4041 of 2017
and C.M.P.No.18888 of 2017 Lingesan .. Petitioner Vs.
R.Ravi .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the Judgment and Decree dated 11.09.2017 passed by the learned Chief Small Causes Judge, Small Causes Court at Chennai in Transfer O.P.No.96 of 2017.
For Petitioner : Mr.C.T.Mohan For Respondent : Mr.G.Palani O R D E R The petitioner has filed this Civil Revision Petition to set aside the Judgment and Decree dated 11.09.2017 passed by the Chief Small Causes Judge, Small Causes Court at Chennai in Transfer O.P.No.96 of 2017.
2. According to the learned counsel for the petitioner that the petitioner has filed the transfer Original Petition in Tr.O.P.No.96 of 2017 before the Chief Judge, Court of Small Causes, Chennai. The said petition was dismissed. Challenging the aforesaid order, the petitioner has filed the present revision petition before this Court.
3. According to the learned counsel for the petitioner, the petitioner has requested this Court to clarify the petition being the observation of the court below by stating that the petitioner is the tenant and the respondent is the landlord. The said observation would influence the trial court to decide the main R.C.O.P. Therefore, the counsel has requested this Court to clarify and dispose the said revision petition.
4. The learned counsel for the respondent has no objection to clarify the said observation made in the Tr.O.P.
5. By considering the said submission made by the parties except the aforesaid clarification, nothing is required in the Revision. Therefore, it is make it clear that any observation made in the Tr.O.P. passed by the Chief Judge, Court of Small Causes, Chennai would not be influenced by the trial court to decide the matter on the main R.C.O.P.
6. In view of the said clarification, this Civil Revision Petition is dismissed. No costs. On instructions, both the counsel for the parties undertakes to cooperate the disposal of the R.C.O.P. In view of the above, the court below is directed to dispose of the said R.C.O.P. within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.
13.11.2017
Index: Yes/No Speaking Order/Non-Speaking Order ssn To The Chief Small Causes Judge, Small Causes Court, Chennai.
D. KRISHNAKUMAR, J., ssn C.R.P.(PD).No.4041 of 2017 and C.M.P.No.18888 of 2017 13.11.2017
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Title

Lingesan vs R Ravi

Court

Madras High Court

JudgmentDate
13 November, 2017
Judges
  • D Krishnakumar