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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

CRP(PD)No.1503 of 2018

and

C.M.P.No.8000 of 2018

1.Syed Zohab Ali

2.Mrs.Hazira liaquat

.. Petitioners

Vs.

Mrs.D.Saraswathi

.. Respondent

Prayer: Civil Revision Petition filed under Article 227 of Constitution of

India, to set aside the fair and decreetal order dated 06.03.2018 made

in M.P.No.319 of 2017 in R.C.A.No.719 of 2017 on the file of the VIII

(in charge IX Judge), Small Causes Court, Chennai.

For Petitioners

:M/s.M.Elumalai

For Respondent

:Mr.S.Stanley John

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O R D E R

This Civil Revision Petition has been filed by the

petitioner/plaintiff against the order dated 06.03.2018 made in

M.P.No.319 of 2017 in R.C.A.No.719 of 2017 on the file of the VIII (in

charge IX Judge), Small Causes Court, Chennai.

2. The respondent/landlord filed a petition before the Rent

Controller against the revision petitioner for eviction. Subsequently,

an order of eviction was passed. Feeling aggrieved by the order passed

by the Rent Controller, the revision petitioner has approached the Rent

Control Appellate Authority in RCA.No.719 of 2017.

3. Initially in the sent control appeal in RCA.No.719 of 2017, the

revision petitioner got an interim of stay order. Subsequently, order

of stay was not extended and after enquiry the stay petition was

dismissed on merits. In the meanwhile, the respondent filed an

excution petition to take delivery of the property. Subsequently the

property was taken delivery and E.P. was also closed.

4. Heard the learned counsel appearing for the appellants and

the learned counsel appearing for the respondent.

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5. Since the RCA.No.719 of 2017 is pending, admittedly the

respondent has taken delivery of the property, no purpose will be

served, if any order passed in this revision petition. However, it is

made clear that if the petitioner is able to succeed in sent control

appeal, it is open him to get re-delivery of the property in the manner

known to law.

6. The Civil Revision Petition is dismissed. No costs.

Consequently connected miscellaneous petition is closed.

28.04.2018

ub

To

The VIII (in charge IX Judge),

Small Causes Court, Chennai.

http://www.judis.nic.in

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P.VELMURUGAN, J.

ub

CRP(PD)No.1503 of 2018

and

C.M.P.No.8000 of 2018

28.04.2018

http://www.judis.nic.in