The High Court of Kerala directed the Rent Control Appellate Authority to decide condonation of delay and stay petitions within three weeks and deferred execution of the eviction order pending their disposal.
Execution of eviction order deferred; Authority to dispose of stay petitions within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940
OP (RC).No. 19 of 2019
AGAINST THE ORDER/JUDGMENT IN RCA 94/2018 of ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THALASSERY
PETITIONER/APPELLANT
MUHAMMED ASHRAF,AGED 55 YEARS S/O MAYAN KUTTY HAJI, MUBARAK MANZIL, PERUMPARAMBA, IRIKKUR.P.O, IRIKKUR AMSOM, THALIPARAMBA TALUK, KANNUR DISTRICT - 670 593.
BY ADVS. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH
RESPONDENT/PETITIONER
R.V.PRAKASHAN,AGED 50 YEARS S/O KUNHIKKANAN NAIR, ATHIRA HOUSE, EAST PALLOOR, PALLOOR.P.O, PALLOOR VILLAGE, MAHE- 673 333.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
04.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (RC).No.19/2019 2
JUDGMENT
K.HARILAL. J.,
The petitioner is the appellant in R.C.A.No.94/2018 on the files of Rent Control Appellate Authority, Thalassery. The aforesaid appeal was filed, challenging an order of eviction passed against him u/s.11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act. There is a delay of 20 days in filing the said appeal. So the petitioner had preferred Ext.P3 petition to condone the delay and Ext.P4 petition to stay the execution proceedings, till the disposal of the appeal.
OP (RC).No.19/2019 3
petition schedule building is effected in execution of the order of eviction, before the disposal of Exts.P3 and P4, the petitioner will be put to great hardship and difficulty, the Rent Control Appellate Authority, Thalasserry is hereby directed to consider and dispose Exts.P3 and P4, at the earliest, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. All execution proceedings under the order of eviction passed in R.C.P.No.13/2017 on the files of the Rent Control Court, Kuthuparamba will stand deferred till the disposal of Exts.P3 and P4.
The O.P(RC) is disposed of, accordingly.
Sd/-
K.HARILAL
JUDGE
Sd/-
ANNIE JOHN
JUDGE
ajt
OP (RC).No.19/2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER IN R.C.P NO.13/2017 OF RENT CONTROL (MUNSIFF) COURT, KUTHUPARAMBA DATED 21-12-2017. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL IN R.C.A. NO. 94/2018 ON THE FILE OF RENT CONTROL APPELLATE AUTHORITY (ADDL. DISTRICT COURT NO.IV), THALASSERY DTD 12.9.2018. EXHIBIT P3 TRUE COPY OF THE AND PETITION FILED BY THE PETITIONER IN I.A. NO.2082/2018 IN R.C.A. NO. 94/2018 OF RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT NO.IV), THALASSERY. EXHIBIT P4 TRUE COPY OF THE AND PETITION FILED BY THE PETITIONER IN I.A.NO. 2083/2018 IN R.C.A. NO.94/2018 OF RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT NO.IV), THALASSERY.
EXHIBIT P5 TRUE COPY OF THE PETITION IN E.P.NO.145/2018 ON THE FILE OF MUNSIFF COURT, KUTHUPARAMBA.
EXHIBIT P6 TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER IN E.P.NO.145/2018 ON THE FILE OF MUNSIFF COURT, KUTHUPARAMBA.
1 issue framed by the court
Whether execution proceedings under an eviction order be deferred pending disposal of stay petitions.
MUHAMMED ASHRAF
R.V.PRAKASHAN
K. HARILAL
ANNIE JOHN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
