Judgments
Judgments
  1. Home
  2. /
  3. Madras High Court
  4. /
  5. 2017
  6. /
  7. January

Mary Infanta Sharmila Fernando vs N Jeevanandham

Madras High Court|05 October, 2017
|

JUDGMENT / ORDER

According to the petitioner, the respondent has filed a suit in RCOP.No.199 of 2015 before the Principal District Munsif Court, Karaikal for permanent injunction praying for not to evict the plaintiff / respondent except due process of law. The petitioner filed written statement in the aforesaid suit. The respondent herein along with the suit has filed an application in I.A.No.254 of 2015 and the same is also pending. The case of the petitioner is that the respondent herein has not paid the rent to the petitioner taking advantage of the pendency of the original suit in O.S.No.199 of 2015 filed by the respondent. Pursuant to that, the petitioner has also filed a suit in RCOP.No.5 of 2015 against the respondent for non-payment of rent. The petitioner has also filed an application in I.A.No.13 of 2017 in the said RCOP, which is also pending. According to the learned counsel for the petitioner, taking advantage of the pendency of the said original suit, the respondent has not paid the rent due to the petitoner. Therefore, the petitioner has filed the present Civil Revision Petition before this Court.
2. Considered the facts and also submissions made by the learned counsel for the petitioner.
3. Admittedly, the respondent has filed a suit in O.S.No.199 of 2015 praying not to evict the respondent / plaintiff except due process of law. Further, the respondent has filed an application in I.A.No.254 2015 in the aforesaid suit, which is also pending.
4. In view of the above said stage and considering the facts and circumstances of the case, this Court is inclined to pass the following order.
i) The court below is directed to dispose of the both interlocutory applications in I.A.No.13 of 2017 and I.A.No.254 of 2015 within a period of eight weeks from the date of receipt of a copy of this Order.
ii) After the disposal of the above said interlocutory applications, the trial court is directed to dispose of the suit in O.S.No.199 of 2015 as expeditiously as possible.
5. In the result, the Civil Revision Petition is disposed of with above directions. No costs.
05.10.2017 Speaking/Non-speaking order Index :Yes/No Internet : Yes/No lok D. KRISHNAKUMAR J.
lok To The learned Principal District Munsif, The Principal District Munsif Court, Karaikal CRP.PD.No.3693 of 2017 05.10.2017
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Mary Infanta Sharmila Fernando vs N Jeevanandham

Court

Madras High Court

JudgmentDate
05 October, 2017
Judges
  • D Krishnakumar