Disposed

The Kodungalloor Town Co. Operative Bank Ltd. No 102 v. Mary Grace Jaya

Kerala HC22 Dec 2022OP (RC)/232/2022

Case brief

AI extract

What is this about?

This judgment directs the Rent Control Appellate Authority to dispose of pending interlocutory applications relating to the impleadment of legal heirs and condonation of delay within four weeks, and stays execution proceedings during that period.

What did the court decide?

Directed Rent Control Appellate Authority to dispose of four pending I.A.s within four weeks and kept execution proceedings in abeyance.

The Kodungalloor Town Co. Operative Bank Ltd… — Civil Procedure and Limitation | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶3

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

¶4

OP (RC) NO. 232 OF 2022

¶5

AGAINST THE ORDER DATED 13.06.2022 IN RCA 5 OF 2017 ON THE FILE OF THE HON’BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR

¶6

PETITIONER/APPELLANT:

¶7

THE KODUNGALLOOR TOWN CO OPERATIVE
BANK LTD NO 102
REPRESENTED BY ITS GENERAL MANAGER
HEAD OFFICE, KODUNGALLOOR TOWN CO OPERATIVE
KODUNGALLOOR P. O., THRISSUR-, PIN - 680664
BY ADVS.
M.P. ASHOK KUMAR
BINDU SREEDHAR
ASIF N.

¶8

RESPONDENTS /RESPONDENTS :

¶9

1MARY GRACE JAYA

¶10

ALANGARATHPPARAMBIL,PULLUT P.O,
PULLUT VILLAGE, KODUNGALLOOR TALUK
THRISSUR, PIN – 680663
2SHONY BABY
S/O LATE A.P ANTONY
ALANGARATHAPARAMBIL, PULLUT P.O
PULLUT VILLAGE, KODUNGALLOOR TALUK
THRISSUR, PIN – 680663
3SHONA BABY
D/O LATE A.P ANTONY
ALANGARATHPPARAMBIL, PULLUT P.O
PULLUT VILLAGE, KODUNGALLOOR TALUK
THRISSUR, PIN - 680663
BY ADVS.
AMRIN FATHIMA
K.A.NOUSHAD(K/003014/1999)
GOPIKA T.G.(K/922/2021)
REJI R.(K/000674/2021)

¶11

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶12

OP (RC) NO. 232 OF 2022

¶13

JUDGMENT

¶14

Theoriginalpetitioneristhe

¶15

respondent/tenant in RCP No.13 of 2015 before the

¶16

Rent Control Court, Kodungalloor. The Rent
Control Petition was filed by the landlord for
fixation of fair rent and the petition was
allowed. Aggrieved by the said order the tenant
filed RCA No.5 of 2017 before the Rent Control
Appellate Authority, Thrissur.

¶17

2. During the pendency of the appeal, the

¶18

landlord expired on 23.07.2019. Due to the
laches on the part of the counsel appearing for
the petitioner Bank, steps could not be taken to
implead the legal heirs of the landlord and to
file a petition to set aside the abatement.
Hence, on 13.06.2022 the Appellate Authority
passed an order abating the appeal since steps
were not taken to set aside the abatement and

¶19

OP (RC) NO. 232 OF 2022

¶20

..3..

¶21

implead the legal heirs of the landlord.
Thereafter, in October 2020, when the petitioner
received a copy of the execution petition, the
petitioner came to know that the appeal was
abated. Immediately, another lawyer was appointed
and the petitioner filed I.A. No.1 of 2022 for
impleading the legal heirs of the landlord; I.A.
No.2 of 2022 for condoning the delay in filing
petition to set aside abatement; I.A. No.3 of
2022 to set aside the order of Rent Control
Appellate Authority abating the appeal; and I.A.
No.4 of 2022 to amend the cause title
incorporating the details of legal heirs of
deceased landlord. All the said petitions are
pending before the Rent Control Appellate
Authority, Thrissur. It is stated that the
landlords are taking hasty steps for executing
the order of the Rent Control Court,

¶22

Kodungalloor. Aggrieved by the same, the
petitioner has approached this Court with the

¶23

OP (RC) NO. 232 OF 2022

¶24

above Original Petition.

¶25

3.Heard the learned counsel for the

¶26

petitioner and the learned counsel for the
Respondent.

¶27

4.The learned counsel for the petitioner
submits that it was due to the laches on the part
of the advocate appearing for the petitioner
before the appellate authority that the
petitioner could not take steps for impleading
the legal heirs of the late landlord and to file
petitiontosetasidetheabatement.
Immediately, on coming to know about the order
abating the appeal, the petitioner filed I.A.
Nos.1 of 2022, 2 of 2022, 3 of 2022 and 4 of
2022, which are pending consideration before the
Rent Control Appellate Authority, Thrissur. It is
also submitted that without consideration of the

¶28

said petitions, the Rent Control Court is

¶29

OP (RC) NO. 232 OF 2022

¶30

proceeding with the execution proceedings, by
which the petitioner is put to irreparable
hardships and loss. It is submitted that the
petitioner has raised good grounds in the appeal
and that a direction may be given to the Rent
Control Appellate Authority to consider and
dispose of the above Interlocutory Applications.

¶31

5.On a consideration of the entire facts of
this case, we are of the opinion that a direction
can be given to the Rent Control Appellate
Authority, Thrissur to consider and dispose of
I.A. Nos.1 of 2022, 2 of 2022, 3 of 2022 and 4 of
2022 pending before the said authority in a time
bound manner.

¶32

In the result, the Original Petition is
disposed of.

¶33

 The Rent Control Appellate Authority,
Thrissur is directed to dispose of I.A. Nos.1 of

¶34

OP (RC) NO. 232 OF 2022

¶35

2022, 2 of 2022, 3 of 2022 and 4 of 2022 in RCA

¶36

No.5 of 2017 within a period of four weeks from
the date of receipt of the certified copy of this

¶37

Judgment. Until such time, the execution
proceedings in EP No.881 of 2022 in RCP No.13 of
2015 shall be kept in abeyance.

¶38

SD/-

¶39

A.MUHAMED MUSTAQUE JUDGE

¶40

SD/-

¶41

SHOBA ANNAMMA EAPEN JUDGE

¶42

BR

¶43

OP (RC) NO. 232 OF 2022

¶44

..7..

¶45

APPENDIX OF OP (RC) 232/2022

¶46

PETITIONER’S EXHIBITS:

¶47

Exhibit P1TRUE COPY OF THE ORDER IN RCP 13 OF
2015 OF THE RENT CONTROL COURT,
KODUNGALLOOR DATED 30.08.20216
Exhibit P2TRUE COPY OF THE ORDER IN RCA 5 OF 2017
OF THE RENT CONTROL APPELLATE
AUTHORITY, THRISSUR DATED 13.06.2022
Exhibit P3TRUE COPY OF THE NOTICE IN EP 881 OF
2022 IN RCP 13 OF 2015 DT 22/08/2022
Exhibit P4TRUE COPY OF IA 1 OF 2022 FILED IN RCA
5 OF 2017 BEFORE RENT CONTROL APPELLATE
AUTHORITY, THRISSUR DT 01/11/2022 ALONG
WITH AFFIDAVIT

¶48

Exhibit P5TRUE COPY OF IA 2 OF 2022 IN RCA 5 OF
2017 BEFORE RENT CONTROL APPELLATE
AUTHORITY, THRISSUR DT 01/11/2022 ALONG
WITH AFFIDAVIT

¶49

Exhibit P6TRUE COPY OF IA 3 OF 2022 IN RCA 5 OF
2017 BEFORE RENT CONTROL APPELLATE
AUTHORITY, THRISSUR DT 01/11/2022 ALONG
WITH AFFIDAVIT
Exhibit P7TRUE COPY OF IA 4 OF 2022 IN RCA 5 OF
2017 BEFORE RENT CONTROL APPELLATE
AUTHORITY, THRISSUR DT 01/11/2022 ALONG
WITH AFFIDAVIT

¶50

RESPONDENTS’ EXHIBITS:NIL

The Kodungalloor Town Co. Operative Bank Ltd. No 102 v. Mary Grace Jaya

Case brief

What is this about?

What did the court decide?

The Kodungalloor Town Co. Operative Bank Ltd. No 102 v. Mary Grace Jaya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sukhilesh Vs Beena Sugathan

Jisha C.K Vs K.S.Antony

Rafna P.M Vs K.C.Ananthalakshmi

Sasi Chandran Vs Pothen Varghese

Jiss Mary John Vs the Registrar General

Dr.Krishna Menon Vs High Court of Kerala