Tenant sought stay of execution of an eviction order under a superseded rent control judgment. Since the appellate judgment had already been set aside and the matter remanded to the Rent Control Court by an earlier order of this Court, the original petition no longer survived and proceedings were closed.
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 ANIL K. NARENDRAN
THE HONOURABLE MR.JUSTICE G. GIRISH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
OP (RC) NO. 69 OF 2019
PETITIONER:
CHERIYA KOMATH RAJEEVAN, AGED 47 YEARS,
S/O. KAVIL VADAKKE VEETTIL KANNAN NAIR,
VAYATHUR AMSOM DESOM, P. O. ULICKAL, IRITTY TALUK
(FORMERLY TALIPARAMBA TALUK)
BY ADVS. M.SASINDRAN
SRI.SATHEESHAN ALAKKADAN
RESPONDENTS:
1 K.A.CHANDRAN, AGED 43 YEARS, S/O. KAIPACHERI ANDI, VAYATHUR AMSOM DESOM, P. O. ULICKAL - 670705, IRITTY TALUK (FORMERLY TALIPARAMBA TALUK), KANNUR DISTRICT2 K. A. HEMA, AGED 43 YEARS, D/O. KAIPACHERI ANDI, VAYATHUR AMSOM DESOM, P. O. ULICKAL - 670705, IRITTY TALUK (FORMERLY TALIPARAMBA TALUK), KANNUR DISTRICT3 K. A. SHANTHA, AGED 43 YEARS, KAIPACHERI ANDI, VAYATHUR AMSOM DESOM, P. O. ULICKAL - 670705, IRITTY TALUK (FORMERLY TALIPARAMBA TALUK), KANNUR DISTRICTBY ADV SRI.O.V.MANIPRASAD
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P.(RC).No.69 of 2019
J U D G M E N T
G. Girish, J.
The petitioner is the tenant in R.C.P.No.02 of 2005 of the Rent Control Court, Thaliparamaba against whom the respondents/landlords had filed E.P.No.132 of 2014 for the execution of the order under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ‘the Act’). E.A.No.181 of 2014 filed by him seeking the relief of stay of execution under Order XXI Rule 29 of the Code of Civil Procedure, was dismissed by the executing court. Though the petitioner challenged the above order of the learned Munsiff, Thaliparamba by filing R.C.R.No.01 of 2015 before the Rent Control Appellate Authority, Thalassery, the verdict of the learned Munsiff in the above regard was upheld by the revisional court as per the finding in point No.(1) of the order dated 30.11.2018. However, E.A.No.181 of 2014 was remanded back to the executing court for fresh disposal on the basis of the observation of the revisional court about the inherent lack of jurisdiction of the learned Munsiff in proceeding with the matter.
3
O.P.(RC).No.69 of 2019
4
O.P.(RC).No.69 of 2019
Authority on the matter of stay of execution proceedings in R.C.P.No.02 of 2005 since the above rent control petition is yet to be disposed of by the Rent Control Court in accordance with the order dated 12.12.2022 of this Court in R.C.R.No.269 of 2015.
In the result, the proceedings in this original petition stand closed with the observation that the issue involved no more survive after disposal of R.C.R.No.269 of 2015 by the order dated 12.12.2022 of this Court.
ANIL K. NARENDRAN, JUDGE
G. GIRISH, JUDGE
jsr
1 issue framed by the court
Whether stay of execution proceedings could be granted when the underlying rent control petition has been set aside and remanded by this Court.
4 provisions across 3 enactments
Cheriya Komath Rajeevan
K.A. Chandran
K.A. Hema
K.A. Shantha
Anil K. Narendran
G. Girish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court