A. KIRUBAKARAN Vs. K.M.F. HOSPITAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the Order dated 09.02.2018, passed in I.A.No.51 of 2017 in A.S.No.65 of 2017, on the file of the learned Subordinate Judge, Coonoor.

(2.) In this case, the respondent/hospital filed a suit against the revision petitioner in O.S.No.13 of 2009 on the file of the learned District Munsif at Kotagiri, to vacate the premises and to deliver the vacant possession thereof to the plaintiff, on failing compliance, to direct the revision petitioner/defendant to pay a sum of Rs. 50/- per day towards damages for illegal occupation from 01.08.2008 till the date of the defendant vacating the suit premises. After filing the written statement by the revision petitioner, the suit was decreed in favour of the plaintiff. Feeling aggrieved with the judgment and decree dated 04.10.2018 passed in O.S.No.13 of 2009 by the learned District Munsif, Kotagiri, the revision petitioner/defendant has filed an appeal in A.S.No.65 of 2017 on the file of the learned Subordinate Judge, Nilgiris at Coonoor. In which, the revision petitioner filed an interlocutory application in I.A.No.51 of 2017 to stay the operation of Judgment and decree in O.S.No.13 of 2009 on the file of the District Munsif Court, Kotagiri till the disposal of the appeal under Order 41, Rule 5 of C.P.C. The lower appellate Court after receiving counter, heard both sides dismissed the application. Feeling aggrieved with the order passed by the lower appellate Court, the revision petitioner has preferred this present revision petition.

(3.) Admittedly, the revision petitioner was working as a Radiographer in the respondent hospital. While he was working as a Radiographer in the respondent hospital, the revision petitioner was allotted quarters for residential purpose. Mean while he was terminated from the service by order dated 28.01.2008. The revision petitioner challenged the same before the Labour Court, Coimbatore in I.D.No.199 of 2010, which is pending. After termination, a notice was served to the revision petitioner to vacate the premises. Since he has not vacated the premises, even after receiving the notice, the respondent/hospital filed a suit for eviction in O.S.No.13 of 2009 before the District Munsif at Kotagiri and the same was decreed. Against the order, the revision petitioner filed an appeal in A.S.No.65 of 2017 on the file of the learned Subordinate Judge, Coonnor, wherein, the revision petitioner filed an interlocutory application in I.A.No.51 of 2017, to stay the operation of the judgement and decree in O.S.No.13 of 2009 on the file of the District Munsif Court, Kotagiri till the disposal of the appeal. The appellate Court dismissed the said application. The revision petitioner challenged that order. The appeal is till pending.