Kaveri Enterprises, rep. By its Partner R. Kailash & R. Prakash, Chennai v. K. Sriram Sagar
2013-08-06
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
JUDGMENT 1. This civil revision petition is filed against an order made in R.C.A.No.586 of 2011 dated 18.04.2013 whereby the Rent Control Appellate Authority stopped further proceedings of the said Rent Control Appeal as the conditional order passed in M.P.No.36 of 2012 in R.C.A.No.586 of 2011 dated 21.02.2013 was not complied with by the tenant. Thus, the Appellate Authority ordered eviction by granting two months time to the tenant. 2. Heard the learned counsel appearing for the petitioner and the respondent. 3. It is submitted by the learned counsel appearing for the respondent that as against the order passed in M.P.No.36 of 2012 dated 21.02.2013, the petitioner filed C.R.P.(NPD) No.1728 of 2013 before this Court and the same was dismissed for default on 05.06.2013. Thus, he submitted that when the very challenge made against M.P.No.36 of 2012 in CRP (NPD) No.1728 of 2013 has been rejected by dismissing the said civil revision petition by this Court, the petitioner is not entitled to maintain the present civil revision petition which is filed against the consequential order passed by the Rent Control Appellate Authority. 4. On the other hand, the learned counsel appearing for the petitioner submits that though the petitioner has not filed any application for restoration of C.R.P.No.1728/2013 till this date, he may be permitted to pay 50% of the amount as directed by the court below. 5. As rightly contested by the learned counsel for the respondent, the present civil revision petition itself is not maintainable in view of the fact that it is only a consequential order passed by the Rent Control Appellate Authority as the conditional order passed in M.P.No.36/2012 was not complied with by the tenant. When the order made in M.P.No.36/2012 has now become final and conclusive in view of the dismissal of the C.R.P.No.1728 of 2013, the consequential order passed by the Appellate Authority cannot be questioned by the tenant in view of the dismissal of C.R.P.No.1728 of 2013 challenging the main order made in M.P.No.36/2012. Accordingly, the present civil revision petition is not maintainable and thus, the same is dismissed. No costs. The connected miscellaneous petition is also dismissed.