1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CRP NPD(MD)No.396 of 2011 and MP(MD)No.1 of 2011 K.Malaichamy .. Petitioner/Petitioner/Tenant Vs. 1.Caroline 2.M.Selvaraj .. Respondents/Respondents/Landlady and Tenant Civil Revision Petition filed under Article 227 of Constitution of India against the order of return dated 25.02.2011 passed in unnumbered Execution Application in C.R.No.19 No.2779 of 2011 in E.A.No.85 of 2011 in E.A.No.388 of 2009 in E.P.No.79 of 2007 in RCOP.No.125 of 2006 by the Additional District Munsif Court, Madurai Town. For Petitioner : Mr.D.Senthil ORDER This civil revision petition has been directed against the order of return passed by the Rent Controller/Additional District Munsif Court, Madurai Town. 2. The first respondent herein as petitioner has filed RCOP.No.125 of 2006 on the file of the Court below praying to get an order of eviction, wherein the second respondent herein has been shown as sole respondent. In RCOP.No.125 of 2006 an executable order has been passed and the same has been put into execution in E.P.No.79 of 2007. During pendency of the same, the revision petitioner as petitioner has filed E.A.No.388 of 2009 and subsequently he has filed E.A.No.85 of 2011 so as to reopen E.A.No.388 of 2009 on his side and the same has been dismissed. Subsequently a stay petition has been filed and the Court below has returned the same stating that a specific direction has been given by the High Court to dispose of E.A.No.388 of 2009. Against the order of return, the present civil revision petition has been filed. 3. Considering the nature of the order of return passed by the Court below, notice need not be sent to the respondents and this civil revision petition is disposed of on merits. 4. The learned counsel appearing for the revision petitioner has contended that E.A.No.85 of 2011 has been filed so as to reopen E.A.No.388 of 2009 on the side of the petitioner therein. But the same has been erroneously dismissed and the Court below has not issued a copy of order. Under the said circumstances, the present petition has been filed so as to stay all further proceedings in E.P.No.79 of 2007. But the Court below has erroneously returned the same stating that already a specific direction has been given by the High Court to dispose of https://hcservices.ecourts.gov.in/hcservices/ 2 E.A.No.388 of 2009 and therefore, the order of return is liable to be interfered with. 5. As stated earlier, RCOP.No.125 of 2006 has been filed for getting an order of eviction by the first respondent herein, wherein the second respondent herein has been shown as sole respondent. In RCOP.No.125 of 2006 an executable order has been passed and the same has been put into execution in E.P.No.79 of 2007. During pendency of the same, E.A.No.388 of 2009 has been filed by the revision petitioner as petitioner and subsequently he has filed E.A.No.85 of 2011 so as to reopen E.A.No.388 of 2009 on his side and the same has been dismissed. The only grievance expressed on the side of the revision petitioner is that the Court below has not issued the order passed in E.A.No.85 of 2011. The Court below has returned the petition in question stating that already a specific direction has been given by the High Court to dispose of E.A.No.388 of 2009. Considering the nature of the order of return passed by the Court below, this Court is of the view to direct the Court below to issue certified copy of the order passed in E.A.No.85 of 2011. With the above observations, this civil revision petition can be disposed of. 6. In fine, this civil revision petition is disposed of on the basis of the observations made earlier and the Rent Controller/Additional District Munsif Court, Madurai Town is strictly directed to issue a certified copy of the order passed in E.A.No.85 of 2011 to the revision petitioner if copy application is filed. The Registry is directed to send a copy of this order today to the lower Court. Connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To The Rent Controller/ Additional District Munsif Court, Madurai Town +1cc to Mr.D.Senthil, Advocate SR.10721 mj SR : 02.03.2011 : 2p/3c : IT CRP NPD(MD)No.396 of 2011 02.03.2011 https://hcservices.ecourts.gov.in/hcservices/