Partly allowed

U.K. Basheer v. Hamza Haji

Kerala HC1 Aug 2018OP (RC)/102/2018

Case brief

AI extract

What is this about?

The High Court directed the Rent Control Appellate Authority, Tirur, to expedite the readmission of pending appeals dismissed for default. Execution petitions against appellants were deferred for three weeks to prevent irreparable injury if delivery occurred before appealing orders were reconsidered.

What did the court decide?

Direction to consider and dispose of petitions for readmitting appeals within three weeks and deferment of execution proceedings for the same period.

U.K. Basheer Vs Hamza Haji — Execution and Attachment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.HARILAL &

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940

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OP (RC).No. 102 of 2018

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AGAINST THE ORDER IN E.P.NO.102/2018 IN R.C.P. NO.14/2013 of MUNSIFF COURT, PARAPPANANGADI

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AGAINST THE JUDGMENT DATED 20.07.2017 IN RCA 8/2016 of RENT CONTROL APPELLATE AUTHORITY, TIRUR

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PETITIONER:-

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U.K. BASHEER, S/O UMMINIKKADAVATH KUNHIMUHAMMED, AGED 45 YEARS, U.K. ENGINEERING WORKS, KOTTAKKAL P.O., TIRURANGADI TALUK, KOTTAKKAL AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT.

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BY ADV.SRI.R.RANJITH (MANJERI)

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RESPONDENTS:-

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1. HAMZA HAJI, S/O. VAZHANGATTU MUHAMMED, VAZHANGATTU HOUSE, KURUKKOL KUNNU, VALAVANNUR P.O., VALAVANNUR ASMOM DESOM, KALPAKANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 551.

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2. ABDUL JALEEL HAJI, S/O. VAZHANGATTU MUHAMMED, VAZHANGATTU HOUSE, KURUKKOL KUNNU, VALAVANNUR P.O., VALAVANNUR AMSOM DESOM, KALPAKANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 551.

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3. ABDUL HAMEED HAJI, S/O. VAZHANGATTU MUHAMMED, VAZHANGATTU HOUSE, KURUKKOL KUNNU, VALAVANNUR P.O., VALAVANNUR AMSOM DESOM, KALPAKANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 551.

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4. KUNCHIMARAKKAR HAJI, S/O. VAZHANGATTU MUHAMMED, VAZHANGATTU HOUSE, KURUKKOL KUNNU, VALAVANNUR P.O., VALAVANNUR AMSOM DESOM, KALPAKANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 551.

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5. ASHARAF @ SHARAFUDHEEN HAJI, S/O. VAZHANGATTU MUHAMMED, VAZHANGATTU HOUSE, KURUKKOL KUNNU, VALAVANNUR P.O., VALAVANNUR AMSOM DESOM, KALPAKANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 551.

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-:2:-

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OP (RC).No. 102 of 2018(O):

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6. ASSAYIN HAJI, S/O. VAZHANGATTU MUHAMMED, VAZHANGATTU HOUSE, KURUKKOL KUNNU, VALAVANNUR P.O., VALAVANNUR AMSOM DESOM, KALPAKANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 551.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01-08-2018,ALONG WITH O.P.(RC) NOS. 103 OF 2016, 104 OF 2016, 105 OF 2016 AND 106 OF 2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC).No. 102 of 2018 (O):

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE IA NO. 4593/2017 BEFORE THE COURT OF THE HONOURABLE APPELLATE AUTHORITY (RENT CONTROL), TIRUR FILED BY THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER IN E.P.NO.102/2018 IN R.C.P. NO. 14/2013 OF MUNSIFF COURT, PARAPPANANGADI.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY// P.A. TO JUDGE

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DST

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K. HARILAL & ANNIE JOHN,JJ.

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= = = = = = = = = = = = = = = = = = = = = O.P.(RC)Nos.102, 103, 104, 105 & 106 of 2018

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- - - - - - -- - - - - - - - - - - - - - - - - - - - Dated this the 1^st day of August, 2018

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J U D G M E N T

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K. Harilal, J.

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The petitioners are the appellants in R.C.A. Nos. 8, 9, 10, 12, and 11 of 2016 of the Rent

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Control Appellate Authority, Tirur. All the aforesaid appeals were dismissed for default. Subsequently, the petitioners have filed petitions to readmit the aforesaid appeals on to the files and all those applications are pending consideration. In the meantime, the respondent/landlord has filed Execution Petitions to execute the ex parte decree passed against them.

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The grievance of the petitioners is that in all the Execution Petitions delivery has been ordered. If the delivery has been effected before

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O.P.(RC)Nos.102, 103, 104, 105 & 106 of 2018

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the consideration and disposal of the pending

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applications seeking for orders readmitting the appeals on the files, the petitioners will be put to irreparable injury and great hardship. Hence, the petitioners sought for a direction to consider and dispose of all the pending petitions for readmitting the appeals, within a specified time.

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Heard the learned counsel for the

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petitioners.

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Having regard to the grievance projected in all these O.P.(RC)s, the Rent Control Appellate Authority, Tirur, is directed to consider and dispose of all the petitions filed in the respective Rent Control Appeals for readmitting the appeals, at the earliest, at any rate, within a period of three weeks from today. All further proceedings in the

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O.P.(RC)Nos.102, 103, 104, 105 & 106 of 2018

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respective Execution Petitions will stand deferred for a period of three weeks, till the disposal of the applications to readmit the appeals on the files.

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These O.P.(RC)s are disposed of accordingly.

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Sd/-

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K. HARILAL, JUDGE

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Sd/- ANNIE JOHN, JUDGE

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DST

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//True copy//

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P.A. To Judge

U.K. Basheer v. Hamza Haji

Case brief

What is this about?

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U.K. Basheer v. Hamza Haji

Case brief

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