The petition was filed seeking a direction to the Rent Control Appellate Authority to dispose of pending interlocutory applications on an urgent basis and to stay execution proceedings initiated by the landlord regarding eviction and arrears of rent.
Direction to dispose applications in one month; stay of execution proceedings (E.P.No. 218/2020).
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.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
OP (RC) NO. 207 OF 2022
[RCP 118/2016 OF MUNSIFF COURT,CHAVAKKAD
RCA 117/2020 OF IV ADDITIONAL RENT CONTROL APPELLATE
AUTHORITY, THRISSUR
PETITIONER/APPELLANT/2ND RESPONDENT:
SUKHILESH AGED 38 YEARS S/O THRIPRAYATT KAYI, THRIPRAYATT HOUSE, NATTIKA AMSOM, CHAVAKKAD, THRISSUR, PIN - 680509
BY ADV V.A.VINOD
RESPONDENTS/RESPODNENTS/PETITIONER AND 1ST RESPONDENT:
1 BEENA SUGATHAN AGED 50 YEARS W/O VELLANCHERY SUGATHAN, VELLANCHERRY HOUSE, NATTIKA AMSOM, CHAVAKKAD, THRISSUR, PIN - 680509
2 PRASANAN AGED 48 YEARS S/O CHAKKAMBI BALAN, NATTIKA VILLAGE, NATTIKA DESOM, CHAVAKKAD TALUK, NATTIKA P.O, THRISSUR, PIN - 680509
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 207 OF 2022
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JUDGMENT
SHOBA ANNAMMA EAPEN, J.
The petitioner is the appellant/tenant in RCA No.117 of 2020 on the files of the Rent Control Appellate Authority(IV Additional District Court), Thrissur. The above OP(RC) is filed by the petitioner seeking for a direction to the Rent Control Appellate Authority (IV Additional District Court), Thrissur to dispose of I.A.Nos.02/2020 & 04/2020 in RCA No.117/2020.
OP (RC) NO. 207 OF 2022
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(IV Additional District Court), Thrissur. The petitioner filed I.A.No.4/2020 (Ext.P6) seeking condonation of the delay in filing RCA No.117/2020 and also filed I.A.No.2/2020 (Ext.P7) seeking permission to deposit the entire arrears of rent.
rent. In the meanwhile the respondent/landlord has filed E.P.No. 218/2020 for executing the order of eviction. The learned counsel
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OP (RC) NO. 207 OF 2022
submits that the petitioner has raised valid contentions before the appellate authority. Now the respondent is taking hasty steps to execute the order of eviction. Hence, the petitioner prays for a direction for a speedy disposal of I.A.Nos.2/2020 and 4/2020.
Accordingly, this Original Petition (RC) is disposed of. The Rent Control Appellate Authority (IV Additional District Court), Thrissur is directed to consider and dispose of I.A.Nos.2 of 2020 and 4 of 2020 in RCA No.117/2020, in accordance with law, including the question of maintainability, if any, within a period of one month from the date of production of a certified copy of this judgment. Until then, the execution proceedings in E.P.No.218/2020 in R.C.P.No.118/2016, pending on the files of the Rent Control Court, Chavakkad shall be kept in abeyance. The petitioner shall serve a copy of this judgment on the respondents for information.
OP (RC) NO. 207 OF 2022
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The Original Petition (RC) is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
OP (RC) NO. 207 OF 2022
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APPENDIX OF OP (RC) 207/2022
PETITIONERS' EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE R.C.P NO 118/2016 FILED BY THE 1ST RESPONDENT PENDING ON THE FILES OF RENT CONTROL COURT, CHAVAKKAD |
|---|---|
| Exhibit P2 | TRUE COPY OF THE OBJECTION IN R.C.P. NO 118/2016 FILED BY THE PETITIONER PENDING ON THE FILES OF RENT CONTROL COURT, CHAVAKKAD |
| Exhibit P3 | THE TRUE COPY OF THE ORDER DATED 15.07.2019 IN I.A NO 9278(A)/2017 IN R.C.P NO 118/2016 OF RENT CONTROL COURT, CHAVAKKAD |
| Exhibit P4 | TRUE COPY OF THE ORDER IN I.A NO 6110/2019 IN R.C.P NO 118/2016 DATED 08.11.2019 OF RENT CONTROL COURT, CHAVAKKAD |
| Exhibit P5 | TRUE COPY OF THE R.C.A NO 117/2020 ON THE FILES OF IV ADDITIONAL RENT CONTROL APPELLATE AUTHORITY, THRISSUR |
| Exhibit P6 | TRUE COPY OF THE I.A NO 4/2020 IN R.C.A NO 117/2020 ON THE FILES OF IV ADDITIONAL RENT CONTROL APPELLATE AUTHORITY, THRISSUR |
| Exhibit P7 | TRUE COPY OF THE I.A NO 2/2020 IN R.C.A NO 117/2020 ON THE FILES OF IV ADDITIONAL RENT CONTROL APPELLATE AUTHORITY, THRISSUR |
2 issues framed by the court
Whether a direction can be given to the Rent Control Appellate Authority to dispose of the interlocutory applications in a time-bound manner.
Whether execution proceedings under Order 21 of CPC can be stayed pending the disposal of the appellate applications.
SUKHILESH
BEEANA SUGATHAN
PRASANAN
A. MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
