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2013 DIGILAW 697 (MAD)

Chandran v. Mahaboobhunnisa

2013-01-31

G.RAJASURIA

body2013
Judgment :- 1. The Civil Revision Petition has been filed to get set aside the order dated 04.12.2012 passed in E.P.No.541 of 2007 in R.C.O.P.No.247 of 1999, by the learned I Additional District Munsif, Trichy. 2. Heard the learned Counsel for the revision petitioner. 3. What I could understand from the perusal of the records, the tenant aggrieved by the order of delivery passed in E.P. for executing the eviction order passed in R.C.O.P.No.247 of 1999, this Civil Revision Petition has been focused under Section 115 of the Code of Civil Procedure. 4. At this juncture, I would like to refer the decision of this Court in Durairaj and others v. Venugopal and another reported in 2012-3-L.W. 807. If at all there is any grievance in the order passed in the E.P. in R.C.O.P., the petitioner should file appeal before the Appellate forum under the Tamil Nadu Buildings (Lease and Rent) Control Act. 5. In view of the same, this Civil Revision Petition is dismissed, giving liberty to the revision petitioner to file the appeal before the regular Appellate Court concerned, excluding the time taken for prosecuting this Civil Revision Petition. Consequently, the connected Miscellaneous Petition is dismissed. No costs.