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2005 DIGILAW 1601 (MAD)

N. Gunasekaran v. SNL. Jayabalan & Others

2005-09-23

M.CHOCKALINGAM

body2005
Judgment :- (Civil Revision Petition against the fair and decreetal order of the Rent Control Appellate Authority cum Subordinate Judges Court, Thiruvarur passed in I.A.No.18 of 2004 in RCA.No.20 of 2000 dated 22.12.2004.) 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.