The High Court directed the Rent Control Appellate Authority to dispose of pending delay condonation and stay petitions in a pending appeal within one month and stayed eviction execution proceedings in the interim.
Direct appeal authority to dispose of condonation and stay petitions within one month; stay execution proceedings (E.P. No. 232/2022).
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
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
OP (RC) NO. 248 OF 2022
[RCA 15/2022 OF RENT CONTROL APPELLATE AUTHORITY/DISTRICT COURT, THRISSUR AGAINST THE ORDER DTD.27.11.2021 IN RCP NO.15/2018 OF MUNSIFF COURT, KODUNGALLUR]
PETITIONER/PETITONER IN IA/RESPONDENT IN RCP:
MUHAMMED SIDHIQUE AGED 50 YEARS, S/O.KONDANBOTTU, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR, PIN - 680668
BY ADV MITHUN P.
RESPONDENT/RESPONDENTS IN IA/PETITIONERS IN RCP:
NOUSHAD AGED 51 YEARS,S/O.KUZHIKANDATHIL ABDU, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR, PIN - 680668
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 248 OF 2022
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JUDGMENT
Shoba Annamma Eapen, J.
The petitioner is the appellant/tenant in RCA No.15 of 2022 on the files of the Rent Control Appellate Authority, Thrissur. The petitioner has filed this O.P(RC) seeking for a direction to the Rent Control Appellate Authority, Thrissur to dispose of Ext.P3 Stay Petition in RCA No.15/2022.
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OP (RC) NO. 248 OF 2022
prays for a direction for a speedy disposal of Ext.P3 stay petition in the appeal.
Accordingly, the Original Petition (RC) is disposed of. The Rent Control Appellate Authority (District Court), Thrissur, is directed to consider and dispose of petition for delay condonation and petition for stay in RCA No.15/2022 , in accordance with law, 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.232/2022 shall be kept in abeyance. The petitioner shall serve a copy of this judgment on the respondent.
OP (RC) NO. 248 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. 248 OF 2022
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APPENDIX OF OP (RC) 248/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF THE RENT CONTROL COURT, KODUNGALLOOR IN R.C.P NO. 15/2018 DATED 27.11.2021 Exhibit P2 TRUE COPY OF THE RENT CONTROL APPEAL MEMORANDUM FILED, BY THE PETITIONER BEFORE THE HON'BLE DISTRICT COURT, THRISSUR, AS R.C.A. NO: 15/2022 DATED 07.03.2022 Exhibit P3 COPY OF THE STAY PETITION FILED BY THE PETITIONER IN R.C.A. NO: 15/2022 DATED 07.03.2022
2 issues framed by the court
Whether the High Court can direct the Rent Control Appellate Authority to dispose of pending stay and condonation petitions within a time-bound period.
Whether execution proceedings pending against an appellate tenant can be stayed while related petitions are pending before the appellate authority.
1 provisions across 1 enactments
MUHAMMED SIDHIQUE
NOUSHAD
A. MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
