Disposed

M/S. Speed and Safe Courier Service Pvt. Ltd. v. Thattante Parambath Usman

Kerala HC20 Feb 2019OP (RC)/31/2019

Case brief

AI extract

What is this about?

The court, in an O.P., directed the Rent Control Appellate Authority to dispose of delay condonation and stay applications filed by the appellant-owner within one month. It further stayed all further execution proceedings including delivery of the property until the disposal of said applications to prevent irreparable injury.

What did the court decide?

Directed Rent Control Appellate Authority to dispose of Exts.P3 and P4 within one month and deferred further execution proceedings till disposal.

M/S. Speed and Safe Courier Service Pvt. Ltd. Vs… — Landlord and Tenant | Kerala HC (2019)

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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 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940

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OP (RC).No. 31 of 2019

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AGAINST THE ORDER/JUDGMENT IN RCP 181/2015 o f PRINCIPAL MUNSIFF COURT KOZHIKODE-I

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PETITIONER:

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M/S. SPEED AND SAFE COURIER SERVICE PVT LTD REPRESENTED BY ITS MANAGING DIRECTOR, P.UNNIKRISHNAN NAIR, S/O.SREEDHARA PANICKER,

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AGED 68 YEARS, DOOR NO.10C, NEDUNGADAN RESIDENCY, CHITTOOR ROAD COCHIN, ERNAKULAM DISTRICT - 682 018.

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BY ADV. SRI.M.PREMCHAND

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RESPONDENTS:

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1 THATTANTE PARAMBATH USMAN AGED 52 YEARS, S/O.AMMED HAJI, RESIDING AT THATTANTE PARAMBATH, EDACHERI AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT - 673 101.

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2 THATTANTE PARAMBATH RABIYA AGED 40 YEARS, D/O.AMMED HAJI, RESIDING AT THATTANTE PARAMBATH, EDACHERI AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT - 673 101.

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3 MOONAM KANDATHIL ASYA AGED 42 YEARS, D/O.KUNHABDULLA MASTER, VYKILLASSERY AMSOM, DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT - 673 101.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 20.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP (RC).No. 31 of 2019 -2-

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JUDGMENT

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K.HARILAL,J.

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The petitioner is the appellant in R.C.A No.148/2018 pending before the Rent Control Appellate Authority, Kozhikode. The said appeal was filed challenging order of eviction passed against the petitioner herein under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent) Control Act (the Act for short). Along with the said appeal, the petitioner has filed Ext.P3 delay petition to condone the delay in filing the appeal and Ext.P4 petition to stay all further execution proceedings. But, those applications have not been disposed of so far. In the meantime, the respondents have initiated execution proceedings under Ext.P5 and now EP is posted for delivery of petition schedule building. The grievance of the petitioner is that, if delivery is effected, before the consideration and disposal of Exts.P3 and P4, the petitioner will be put to irreparable injury.

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We heard learned counsel for the petitioner.

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Having regards to the fact that if delivery is

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OP (RC).No. 31 of 2019 -3-

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effected before the disposal of Exts.P3 and P4 the petitioner will put to great hardship, the appellate authority, Kozhikode is hereby directed to consider and dispose of Exts.P3 and P4, within period of one month from the date of receipt of a copy of this judgment and all further execution proceedings under Ext.P5 shall stand deferred till the disposal of Exts.P3 and P4.

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This Original Petition is disposed of as above.

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Sd/-

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K.HARILAL JUDGE

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Sd/ANNIE JOHN JUDGE

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OP (RC).No. 31 of 2019 -4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER IN RCP NO.181/2015 OF THE RENT CONTROL COURT/PRINCIPAL MUNSIFF-I, KOZHIKODE.

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EXHIBIT P2	TRUE COPY OF THE RCA 148/2018 FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY.
EXHIBIT P3	TRUE COPY OF THE IA NO.2142/2018 FILED BY THE PETITIONER TO CONDONE THE DELAY.
EXHIBIT P4	TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER.
EXHIBIT P5	TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENTS.
EXHIBIT P6	TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER BEFORE THE RENT CONTROL COURT.
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 3/12/2018 IN EP 120/2018 IN RCP 181/2015 OF THE RENT CONTROL COURT, KOZHIKODE.
EXHIBIT P8	TRUE COPY OF THE IA NO.2616/2018 FILED BY THE PETITIONER.
EXHIBIT P9	TRUE COPY OF THE IA 2617/2018 FILED BY THE PETITIONER.
EXHIBIT P10	TRUE COPY OF THE EA NO.495/2018 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOZHIKODE.
EXHIBIT P11	TRUE COPY OF THE EA NO.496/2018 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOZHIKODE.
EXHIBIT P12	TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT IN EA NO.496/2018 BEFORE THE MUNSIFF COURT, KOZHIKODE.
EXHIBIT P13	TRUE COPY OF THE ORDER DATED 15/12/2018 IN EA NO.496/2018 & EP NO.120/2018 IN RCP 181/2015.

M/S. Speed and Safe Courier Service Pvt. Ltd. v. Thattante Parambath Usman

Case brief

What is this about?

What did the court decide?

M/S. Speed and Safe Courier Service Pvt. Ltd. v. Thattante Parambath Usman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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