Disposed

Satheesan v. Surendran

Kerala HC25 Nov 2022OP (RC)/223/2022

Case brief

AI extract

What is this about?

This order dealt with an execution petition arising from an ex parte eviction in a rent control matter. The court directed that the execution be deferred and ruled on a pending application to set aside the ex parte order. The judgment assigned responsibility for disposal to the Rent Controller.

What did the court decide?

Execution petition deferred pending disposal of application to set aside ex parte order.

Satheesan Vs Surendran — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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OP (RC) NO. 223 OF 2022

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AGAINST THE ORDER/JUDGMENT IN EP 419/2022 OF MUNSIFF COURT,CHAVAKKAD

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PETITIONER/JUDGMENT DEBTOR/RESPONDENT:

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SATHEESAN, AGED 63 YEARS, S/O VAZHAPPULLY KRISHNAN VALAPPAD VILLAGE, KAZHIMBRAM DESOM, CHAVAKKAD TALUK THRISSUR DISTRICT, PIN – 680 568

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BY ADV MAHESH V.MENON

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RESPONDENT/DECREE HOLDER/PETITIONER:

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SURENDRAN, AGED 76 YEARS, S/O KOZHIPARAMBIL RAMAN, VALAPPAD VILLAGE, KAZHIMBRAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT

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REPRESENTED BY HIS POWER OF ATTORNEY HIS DAUGHTER SEEMA, AGED 44 YEARS, W/O. KOLLAMPARAMBIL RAVEENDRAN, EDAMUTTOM DESOM, VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680568

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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..2..

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OP (RC) NO. 223 OF 2022

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J U D G M E N T

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A. Muhamed Mustaque, J

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The petitioner, who is the tenant, approached

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this Court facing delivery in execution petition consequent upon an ex-parte order of eviction passed by the Rent Controller, Chavakkad. Ext.P4

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is the application filed to set aside the exparte order, which is pending.

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Having considered the facts and

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circumstances, there shall be a direction to the Rent Controller to dispose Ext.P4 application within a period of one month after giving notice to both sides.

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Till then, the delivery ordered in the

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execution petition be deferred.

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Registry shall inform this order to the Munsiff Court, Chavakkad.

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A copy of this order shall also be served on

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OP (RC) NO. 223 OF 2022

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..3..

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the learned counsel, who is appearing for the

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respondent before the Execution Court.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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Issue copy today itself. PR

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..4..

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OP (RC) NO. 223 OF 2022

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APPENDIX OF OP (RC) 223/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF RCP NO.51/2018 ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD
Exhibit P2	A TRUE COPY OF COUNTER FILED BY THE PETITIONER IN RCP NO.51/2018 ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD
Exhibit P3	A TRUE COPY OF ORDER DATED 10.12.2021 IN RCP 51/2018 OF THE RENT CONTROL COURT, CHAVAKKAD
Exhibit P4	A TRUE COPY OF IA NO.07/2021IN RCP 51/2018 ON THE FILES OF RENT CONTROL COURT, CHAVAKKAD
Exhibit P5	A TRUE COPY OF EP NO. 419/2022 IN RCP NO. 51/2018 BEFORE THE MUNSIFF COURT, CHAVAKKAD
Exhibit P6	A TRUE COPY OF E-COURT PROCEEDINGS OF THE EP NO. 419/2022 IN RCP NO. 51/2018 BEFORE THE MUNSIFF COURT, CHAVAKKAD

Satheesan v. Surendran

Case brief

What is this about?

What did the court decide?

Satheesan v. Surendran

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

Case details

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