Mariammal, v. T. Elango,

ORDER The Civil Revision Petition is directed against the order passed in I.A.No.1 of 2022 in R.C.O.P.No.1 of 2018 dated 20.12.2022 on the file of the District Munsif Court/Rent Controller, Pattukottai, allowing the application filed under Order 9 Rule 9 C.P.C. for restoring the R.C.O.P.No. 1 of 2018, which was dismissed for default on 30.07.2019.

¶2The main contention of the revision petitioner is that though the restoration application was filed in time, that was returned by the Rent Controller and the same was re-presented again and again and thereafter, the application was taken on file after four years.

¶3Admittedly, the main petition was filed by the respondent for eviction.

¶4The District Munsif/Rent Controller, taking note of the objections raised by the revision petitioner and also the fact that the eviction petition was dismissed for default and in order to give an opportunity to prosecute the eviction petition, has allowed the application by imposing cost.

¶5Considering the facts and circumstances, the impugned order allowing the application cannot be found fault with. But taking note of the other circumstances, this Court is inclined to enhance the cost imposed by the District Munsif/Rent Controller. Hence, the respondent is hereby directed to pay cost of Rs.2,000/- (Rupees Two Thousand only) to the revision petitioner on or before 18.01.2024.

¶6With the above direction, this Civil Revision Petition is disposed of. No costs.

19.12.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The District Munsif Court, Pattukottai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR

,J.

csm Dated : 19.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Mariammal ... Petitioner/ Respondent/ Defendant Vs. T.Elango ... Respondent/ Respondent/ Plaintiff Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 03.01.2023 passed in I.A.No.1 of 2022 in R.C.O.P.No.1 of 2018 on the file of District Munsif Court, Pattukottai by allowing this civil revision petition. For Petitioner : M/s.R.Pranavi For Respondent : Mr.M.Dinesh