Shahul Hameed v. a.K.Dinesan
Case brief
What is this about?
The High Court held that Rule 13(3) of the Kerala Buildings (Lease and Rent Control) Rules, which prescribes a 15-day limitation for setting aside ex parte orders, applies only to final orders on merits. Since the order against the 1st respondent was merely an interim ex parte order before final disposal, no limitation period applied, and the lower court was justified in allowing the application t
What did the court decide?
The original petition was dismissed; the order of the Rent Control Court setting aside the ex parte order was upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 1ST DAY OF AUGUST 2017/10TH SRAVANA, 1939 OP (RC).No. 162 of 2016 (O)
(AGAINST THE ORDER DATED 5.11.2016 IN IA 3561/2016 IN RCP 2/2015 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, NEDUMANGAD)
PETITIONER:
SHAHUL HAMEED
S/O.KASIM PILLAI, KHADEEJA BUILDING, MARKET ROAD, NEDUMANGAD, THIRUVANANTHAPURAM.
BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.NEENU PAVITHRAN SRI.SANGEETH BINOY
RESPONDENTS:
1. A.K.DINESAN, S/O.A.M.KESAVAN, TC 24/1010, ARACKAL VEEDU, THIRUVANANTHAPURAM, REPRESENTED BY POWER OF ATTORNEY HOLDER, AKHILELESWARAM A.K., S/O.KESAVAN, CHEMPAKA MANDHIRATHIL, TC 10/1945, THOZHUVANCODE, VATTIYOORKAVU, THIRUVANANTHAPURAM-695013.
Issues for consideration
3 issues framed by the court
Whether Rule 13(3) of the Kerala Buildings (Lease and Rent Control) Rules, 1979, prescribing a 15-day limitation period, applies to an application filed to set aside an interim ex parte order passed a
Whether the Rent Control Court was justified in setting aside an ex parte order passed against the 1st respondent despite the application being filed after 15 days.
Whether any illegality or impropriety existed in the impugned order dismissing the application to set aside the ex parte order.
Parties & counsel
- petitioner
Shahul Hameed
- respondent
A.K. Dinesan (represented by Akhileswaran A.K.)
- respondent
Ishara
- respondent
Nishara
Coram
Case details
As recorded by the court registry
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