The High Court granted indulgence to a petitioner with gross laches, directing the lower court to consider a specific interim application and stay further eviction proceedings for three weeks.
Directed the court below to consider Ext.P8 within three weeks and to keep all further proceedings in E.P.No.35/2021 in abeyance until a decision is taken.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
OP (RC) NO. 86 OF 2021
AGAINST THE ORDER/JUDGMENT IN RCP 128/2019 OF PRINCIPAL MUNSIFF COURT KOZHIKODE-I, KOZHIKODE
PETITIONER/JUDGMENT DEBTOR/RESPONDENT:
T. VINOD KUMAR, AGED 46 YEARS S/O. RAGUTHAMAN, KIZHAKKEPALAKUNIYIL HOUSE, VENGERI AMSOM DESOM, VENGERI P.O., KOZHIKODE TALUK, KOZHIKODE-673010.
BY ADVS. T.D.SUSMITH KUMAR C.SIVADAS
RESPONDENT/DECREEE HOLDER/PETITIONER:
A.DAMODHARAN NAIR, S/O. OTHAYAMANGALATH KRISHNAN NAIR, AGED 77 YEAR, 'THRIPTHI', VENGERI AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE-673010.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
OP (RC) NO. 86 OF 2021
JUDGMENT
MOHAMMED NIAS C.P.,J.
Petitioner, tenant/ respondent in R.C.P.No.128/2019 on the file of the Principal Munsiff Court-I, Kozhikode seeks expeditious disposal of Ext.P8, which is an application filed to restore the application filed to set aside the exparte order made against him on 22.02.2020.
-3-
OP (RC) NO. 86 OF 2021
that as it may, we deem it fit to show some indulgence in the matter as there has been no adjudication on merits. Accordingly, we direct the court below to consider Ext.P8 and to take a decision thereon, within a period of three weeks from today. Till such a decision is taken, all further proceedings in E.P.No.35/2021 in R.C.P.No.128/2019 on the files of the Principal Munsiff Court-I, Kozhikode, including the proceedings pursuant to Ext.P11 order shall be kept in abeyance.
The Original Petition is disposed of as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P. JUDGE
hmh
-4-
OP (RC) NO. 86 OF 2021
APPENDIX OF OP (RC) 86/2021
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF RCP NO. 189/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT-1, KOZHIKODE. |
|---|---|
| Exhibit P2 | A TRUE COPY OF COUNTER STATEMENT SUBMITTED BY THE PETITIONER IN RCP NO.189/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT-1, KOZHIKODE. |
| Exhibit P3 | A TRUE COPY OF RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. |
| Exhibit P4 | A TRUE COPY OF ORDER DATED 22/02/2020 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE DOWNLOADED FROM OFFICIAL WEBSITE OF E- COURT. |
| Exhibit P5 | A TRUE COPY OF IA NO.1/2020 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. |
| Exhibit P6 | A TRUE COPY OF IA NO.2/2020 IN RCP NO.128/2019 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. |
| Exhibit P7 | A TRUE COPY OF ORDER DATED 01/01/2021 IN IA NO.1/2020 IN RCP NO.128/2019 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. |
| Exhibit P8 | A TRUE COPY OF IA NO.3/2021 IN RCP NO.128/2019 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. |
-5-
OP (RC) NO. 86 OF 2021
Exhibit P9 A TRUE COPY OF EP NO.35/2021 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. Exhibit P10 A TRUE COPY OF THE ORDER DATED 29/03/2021 IN EP NO.35/2021 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. Exhibit P11 A TRUE COPY OF THE ORDER DATED 07/04/2021 IN EA NO.144/2021 IN EP NO. 35/2021 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.
RESPONDENT EXHIBITS NIL
T. VINOD KUMAR
A.DAMODHARAN NAIR
A.K.JAYASANKARAN NAMBIAR
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
