Allowed

Vinod Kumar B S v. Rajeev S

Kerala HC8 Aug 2023OP (RC)/136/2023

Case brief

AI extract

What is this about?

This Original Petition under Article 226/227 of the Constitution seeks a direction for speedy disposal of a re-admission application pending before the Rent Control Appellate Authority. The Court directed the Appellate Authority to dispose of the petition within two weeks and ordered the Execution Court to keep proceedings in abeyance to prevent dispossession of the tenant pending the outcome.

What did the court decide?

Directed the Appellate Authority to dispose of Ext.P5 petition within two weeks; directed Execution Court to keep proceedings in abeyance.

Vinod Kumar B S Vs Rajeev S — Pension and Retirement Benefits | Kerala HC (2023)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 8^TH DAY OF AUGUST 2023 / 17TH SRAVANA, 1945 O.P.(RC) NO. 136 OF 2023

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SPEEDY DISPOSAL OF I.A.NO.37 OF 2023 IN R.C.A.NO.33 OF 2022 ON THE FILES OF THE RENT CONTROL APPELLATE AUTHORITY (DISTRICT JUDGE), THIRUVANANTHAPURAM PETITIONER/PETITIONER/APPELLANT:

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VINOD KUMAR B.S.,

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AGED 40 YEARS, S/O BHASKARAN, LEKSHMI VILASAM, T C 55/2319, INCHIPULLVILA, PAPPANAMCODE P.O, NEMOM, THIRUVANANTHAPURAM, PIN – 695018.

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BY ADVS. SREEHARI INDUKALADHARAN SETHU NANDAKUMAR JAYASANKAR K. D.SMITHA

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RESPONDENTS/RESPONDENTS/COUNTER PETITIONERS:

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1 RAJEEV S AGED 42 YEARS, S/O SANKARAN POTTI PUTHENMADATHIL, KURUPUZHA, ELAVATTOM, PALODE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN – 695562.

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2 SANTHAKUMARI, AGED 63 YEARS, W/O SANKARAN POTTI PUTHENMADATHIL, KURUPUZHA, ELAVATTOM, PALODE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN – 695562.

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O.P.(RC) No.136 of 2023

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 08.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(RC) No.136 of 2023

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JUDGMENT

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P.G. Ajithkumar, J.

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The petitioner is the respondent-tenant in R.C.P.No.59 of 2020 on the files of the Rent Control Court (Additional Munsiff), Thiruvananthapuram and the appellant in R.C.A.No.33 of 2022 on the files of the Rent Control Appellate Authority (District Judge), Thiruvananthapuram. He filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Appellate Authority to consider and dispose of I.A.No.37 of 2023 in R.C.A.No.33 of 2022 within a time frame fixed by this Court.

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Heard the learned counsel appearing for the petitioner. Considering the relief proposed to be granted, service of notice on the respondents is dispensed with.

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R.C.P.No.59 of 2020 was filed by the respondents

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seeking eviction of the petitioner from the petition schedule building on the ground of arrears of rent and bona fide need.

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The petition for eviction was resisted by the petitioner by filing an objection. After trial, the Rent Control Court, as per the

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O.P.(RC) No.136 of 2023

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order dated 30.09.2022 allowed the R.C.P. under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short “the Act”) directing the petitioner to put the respondents in vacant possession of the building within two months from the date of that order.

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The petitioner preferred an appeal under Section 18 of the Act before the Appellate Authority. That appeal, R.C.A.No.33 of 2022, was, however, dismissed for default on 25.07.2023. The petitioner would contend that the counsel engaged by him failed to appear before the court when the appeal was called on for hearing, resulting in dismissal of that appeal for default. The learned counsel appearing for the petitioner would submit that immediately thereafter Ext.P5 petition was filed by the petitioner for re-admission of the appeal and the same is pending consideration of the Appellate Authority. The learned counsel would further submit that the Execution Court on 07.08.2023 ordered delivery of the petition schedule building in terms of the order of eviction dated 30.09.2022 and if delivery is effected before

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O.P.(RC) No.136 of 2023

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considering IA.No.37 of 2023 much hardship will be caused to the petitioner. Therefore, it is sought that the Appellate Authority may be directed to dispose of Ext.P5 petition on an early date.

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The Rent Control Court ordered eviction after a detailed trial. When the petitioner filed an appeal challenging the order of the Rent Control Court, it is only just and appropriate to reach a logical conclusion in the matter by the Appellate Authority. The appeal was dismissed for default on 25.07.2023, but soon Ext.P5 petition was filed by the petitioner for readmitting the appeal to file. In those circumstances, if the petitioner is dispossessed of the building before disposing Ext.P5 petition, that will certainly be prejudicial to the petitioner.

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In such circumstances, we are of the view that there shall be a direction to the Appellate Authority to dispose of Ext.P5 petition within a period of two weeks from the date of production of a certified copy of this judgment. It is further directed that the Execution Court (Principal Munsiff),

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O.P.(RC) No.136 of 2023

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Thiruvananthapuram shall keep in abeyance further proceedings in E.P.No.516 of 2022 in R.C.P.No.59 of 2020 till the disposal of Ext.P5 petition by the Appellate Authority. The Original Petition is disposed of as above.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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dkr

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O.P.(RC) No.136 of 2023

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APPENDIX OF OP (RC) 136/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE ORDER IN RCP 59/2020 DATED 30.09.2022 OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM

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EXHIBIT P2 A TRUE COPY OF THE APPEAL MEMORANDUM IN R.C.A NO 33/2022 DATED 12.12.2022 OF THE HON'BLE DISTRICT COURT, THIRUVANANTHAPURAM

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EXHIBIT P3 A TRUE COPY OF THE DAILY STATUS IN THE E-COURTS SYSTEM DATED 25.07.2023 OF THE DISTRICT COURT, THIRUVANANTHAPURAM

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EXHIBIT P4 A TRUE COPY OF THE EXECUTION PETITION NO. 516/2022 IN R C P 59/2020 DATED 02.12.2022 OF THE PRINCIPLE MUNSIFF'S COURT, THIRUVANANTHAPURAM

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EXHIBIT P5

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A TRUE COPY OF THE INTERIM APPLICATION NO 37/2023 FILED UNDER ORDER 41, RULE XIX AND SECTION 151 OF CODE OF CIVIL PROCEDURE DATED 03.08.2023 OF THE DISTRICT COURT, THIRUVANANTHAPURAM

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EXHIBIT P6 A TRUE COPY OF THE DAILY STATUS OF PRINCIPLE MUNSIFF COURT THIRUVANANTHAPURAM IN EP 516 OF 2022 DATED 07.08.2023

Vinod Kumar B S v. Rajeev S

Case brief

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Vinod Kumar B S v. Rajeev S

Case brief

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