Tenants sought to stop eviction pending certified copies of orders setting aside an ex parte order. The court directed the lower court to issue copies within three days and deferred execution for ten days.
Rents Control Court to issue certified copies of common orders within three days; eviction execution deferred for ten days.
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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 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940
OP (RC).No. 37 of 2019
PETITIONERS:
1 GANAPATHINTAVIDA PADMANABHAN,
2 PRAJITH KUMAR, AGED 47 YEARS, S/O.RAVINDRAN, NAMBADINATAVIDE HOUSE, P.O.MANIYOOR, KOZHIKODE DISTRICT, PIN-673 523.
BY ADVS. SRI.E.G.GORDEN SRI.S.K.KRISHNAKUMAR
RESPONDENTS:
KOZHIKODE DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER C.MUJEEB, S/O.ALI, AGED 47 YEARS, VILLANKANDI HOUSE.P.O., CHINGAPURAM,
KOZHIKODE DISTRICT, PIN-673 529.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 25.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No. 37 of 2019
2
JUDGMENT
Harilal, J
The petitioners are the tenants against whom an
ex parte order of eviction has been passed by the Rent Control Court, Payyoli in R.C.P.No.1/2017. Aggrieved by the said order, the petitioners filed Ext.P4 application to set aside the ex parte order with Ext.P3 application to condone delay in filing the Ext.P4 application. But, the Rent Control Court dismissed both the applications on 08.02.2019. On 11.02.2019, the petitioners filed C.A.No.73/2019 for getting the certified of the common order passed in Ext.P4. But, the same has not been issued so far and the respondents proceeded with the execution, by filing Ext.P5 execution petition. According to the petitioner, if execution of the ex
OP (RC).No. 37 of 2019
3
parte order is effected before the issuance of the
impugned order passed in Exts.P3 and P4 applications, he will be put to irreparable loss and great hardship. Hence, he sought for a direction to the court below to issue certified copy of the common order passed in Exts.P3 and P4 applications, within a time frame and to
defer the execution proceedings till the delivery of the impugned common order.
and the learned counsel for the respondents.
is effected, before the issuance of the order passed on Ext.P3 and Ext.P4, the petitioner will be put to great
hardship, the Rent Control Court, Payyoli is hereby
directed to issue certified copy of the common order
OP (RC).No. 37 of 2019
4
passed in Exts.P3 and P4 applications, at the earliest
and at any rate within a period of three days from the
date of receipt of a copy of this judgment. It is made clear that, all execution proceedings pursuant to Ext.P5 would stand deferred for a period of ten days from today.
This original petition is disposed of.
Sd/-
K.HARILAL, JUDGE
sd/-
ANNIE JOHN, JUDGE
AMV/25/02/2018
OP (RC).No. 37 of 2019
5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PETITION IN R.C.P.NO.1 OF 2017 ON THE FILES OF THE RENT CONTROLLER/MUNSIFF-MAGISTRATE, PAYYOLI. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ORDER DATED 07/04/2018 PASSED BY THE RENT CONTROL COURT, PAYYOLI IN R.C.P.NO.1 OF 2017. |
| EXHIBIT P3 | TRUE COPY OF THE I.A.NO.491/2018 FILED BY THE PETITIONERS TO CONDONED DELAY IN FILING PETITION TO SET-ASIDE EX- PARTE ORDER. |
| EXHIBIT P4 | TRUE COPY OF THE I.A.NO.492/2018 FILED BY THE PETITIONERS TO SET -ASIDE THE EX-PARTE ORDER. |
| EXHIBIT P5 | TRUE COPY OF THE E.P.NO.81/2018 FILED BY THE RESPONDENTS BEFORE THE RENT CONTROLLER/MUNSIFF-MAGISTRATE, PAYYOLI. |
| EXHIBIT P6 | TRUE COPY OF THE SAID E.A.NO.188/2018 IN E.P.NO.81/2018 FILED BY THE PETITIONERS IN THE RENT CONTROL COURT PAYYOLI. |
RESPONDENTS EXHIBITS: NIL
TRUE COPY P.A.TO JUDGE
1 issue framed by the court
Whether execution proceedings should be deferred pending issuance of certified copies of orders setting aside ex parte eviction.
GANAPATHINTAVIDA PADMANABHAN
PRAJITH KUMAR
FOUSIYA
NOORUNNISA
K.HARILAL
ANNIE JOHN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
