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2012 DIGILAW 3215 (MAD)

Jaibunnisa v. P. M. Thahira Begum

2012-07-23

G.RAJASURIA

body2012
Judgment :- 1. These civil revision petitions are focussed as against the fair and decreetal orders dated 24.02.2012 passed by the learned District Munsif, Gudiyatham, Vellore District in unnumbered E.A.Nil/2012 in E.A.No.223 of 2007 in E.P.No.445 of 2004 in RCOP No.6 of 2002. 2. Heard both sides. 3. A thumb nail sketch of the germane facts, in a few broad strokes, absolutely necessary for the disposal of these two civil revision petitions can be encapsulated thus: a) The learned counsel for the revision petitioner would echo the heart burns of his client in the following words: The revision petitioner herein filed these two revisions challenging and impugning the legality of the order passed in the two E.As rejecting the prayer of the revision petitioner in getting her side re-opened and recalled her witness. 4. When this court posed a question as to whether these revisions have arisen out of E.P relating to execution of the order passed in the RCOP, the learned advocates on both sides in unison, affirmatively pulling no punches and that too unambiguously and unequivocally submit that the present proceedings have very much arisen only out of the Execution Petition, which was filed to get the RCOP order implemented. 5. If that be so, any order passed by the Executing Court in such matters, is appealable under Section 23 of the Tamil Nadu Buildings (Lease and Rent Control) Act. In view of the same, both these revisions are dismissed. 6. In view of the aforesaid appeal remedy available to the petitioner, this court orders thus: The Registry shall return the certified copies of the orders and decreetal orders to the learned counsel for the petitioner immediately so as to enable him to file an appeal before the appropriate forum. The period between the date of filing of these civil revision petitions and the passing of this order, including the time taken to obtain the certified copy of this order, shall stand excluded for preferring appeal. 7. With the above direction, both these civil revision petitions are dismissed. No costs. Consequently, the connected miscellaneous petition is closed.