High CourtsSingle Bench(2005) 09 MAD CK 0015

N. Gunasekaran vs SNL. Jayabalan, SNL. Vetriselvan and SNL. Manoharan

Madras High Court · Decided on 23 September 2005

HON’BLE JUDGES
M. Chockalingam, J
RESULT
Dismissed
CASE NUMBER
CRP.NPD. No. 1786 of 2005 and CMP. No. 15854 of 2005

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Judgment

14 paragraphs · 276 words

M. Chockalingam, J.—The order of the learned Subordinate Judge, Thiruvarur dismissing an application filed by the revision petitioner

under sections 10 and 151 of CPC seeking to stay of RCA.No.20 of 2000 pending in that Court, is the subject matter of challenge in this revision

petition.

2.

Heard the learned counsel for the revision petitioner.

3.

What was contended before the court below and equally here also is that the respondents filed a petition in RCOP.21/93 and the same was

contested by the petitioner and it is pending. Orders were passed in two suits, one filed by the petitioner against the respondents and another by

the temple seeking eviction of the respondents. Both the suits, therefore, culminated in two second appeals in S.A.Nos.333/2001 and

S.A.NO.1001/2000 respectively, which are pending before this court. Under such circumstance, the result of second appeals have got direct

bearing in RCA proceedings pending before the Rent Controller Appellate Authority. The lower court perused the papers and heard the learned

counsel for both sides. On hearing both sides, the learned Subordinate Judge, has clearly pointed out that even if an order of eviction is passed by

the Rent Controller, it would have nothing to do with the proceedings in the second appeals. The Court has to necessarily agree with the said

decision taken by the lower court. Apart from that, pending second appeals have nothing to do with the proceedings in RCA.No.20/2000. Hence,

the lower court is perfectly correct in dismissing the application for stay. The order of the Appellate Authority has got to be sustained.

4.

In result, the Civil Revision petition is dismissed. Consequently, connected CMP.No.15854 of 2005 is closed.