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2009 DIGILAW 4895 (MAD)

Rajagopal Chettiar v. Srinivasan & Others

2009-11-13

M.VENUGOPAL

body2009
Judgment :- The Civil Revision Petitioner/Respondent/Landlord has filed these Civil Revision Petitions praying for issuance of a direction to the learned first Appellate Authority, namely, Subordinate Judge, Coimbatore to dispose of the appeals in R.C.A.Nos. 19, 20 and 22 of 2008 pending on his file within a reasonable time to be fixed by this Court. 2. According to the learned counsel for the Revision petitioner/landlord, the Revision Petitioner is a septuagenarian, aged about 80 years and he has succeeded before the learned Rent Controller in Rent Control proceedings but the appeals have not been taken up for final hearing because of the fact that records have not been received from the Rent Controller and R.C.A.Nos. 19, 20 and 22 of 2008 are pending from 01.08.2008 before the learned firt appellate Authority. Lastly, these matters have come up for hearing on 010. 2009 and once again, these appeals have been adjourned to 011. 2009 for the reason Await records and therefore, prays for issuance of directions to the learned first Appellate Authority namely, Subordinate Judge, Coimbatore to dispose of the above said appeals, namely, R.C.A.Nos. 19, 20 and 22 of 2008 within a reasonable time to be fixed by this Court. 3. A perusal of A diary extract in R.C.A.No.19 of 2008 filed by the Revision Petitioner in the typed set of papers, indicates clearly that the appeals have been taken on file on 07.07.2998 and pending from 01.08.2009 till 011. 2009 for the purpose of records being received by the first appellate Authority and likewise A diary extract in R.C.A.No.20 of 2008 also indicates similar reason Await Records, on 011. 2009 and in R.C.A.N.2.2 of 2008 A diary extract shows that the matter has been pending from 28.07.2008 and lastly, the matters have come up for hearing on 010. 2009 and they have been posted for await records on 111. 2009. 4. 2009 and in R.C.A.N.2.2 of 2008 A diary extract shows that the matter has been pending from 28.07.2008 and lastly, the matters have come up for hearing on 010. 2009 and they have been posted for await records on 111. 2009. 4. Taking into account of the fact that the revision petitioner is a septuagenarian, aged about 80 years and he must see the fruits of completion of legal proceedings during his life span since an Homosapien is a mortal but the litigation is immortal and also bearing in mind of another vital fact that these appeals are pending before the first appellate authority for receipt of records for quite a long time, this court on the basis of the Equity, Fair Play, Good conscience and even as a prudence, directs the first appellate Authority namely, subordinate Judge, Coimbatore to obtain the records in the R.C.O.P proceedings from the learned Rent Controller expeditiously and to dispose of the aforesaid appeals, after affording due opportunities to both parties within a period of three weeks from the date of receipt of a copy of this order and to report compliance to this Court without fail. 5. With the above directions, the Civil Revision Petitions are disposed of without costs.