Tenant sought directions to have his applications to set aside an eviction order and for condonation of delay and stay decided. The court directed the Appellate Authority to decide the condonation of delay application within three weeks, deferring the execution petition till then.
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 AMIT RAWAL & THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946 OP (RC) NO. 78 OF 2024
AGAINST THE ORDER IN RCP NO.101 OF 2018 OF I ADDITIONAL MUNSIFF
COURT,THRISSUR
PETITIONER(S)/RESPONDENT: SELVARAJ AGED 55 YEARS S/O.CHANGATTOM KRISHNAN, KANIMANGALAM VILLAGE, WORKERS NAGAR DESOM, THRISSUR TALUK, THRISSUR DISTRICT., PIN - 680027
BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES
RESPONDENT(S)/PETITIONER:
UNNIKRISHNAN S/O.KONNAMPARAMBATHAMMINIAMMA, KANIMANGALAM VILLAGE, DESOM, THRISSUR TALUK, THRISSUR DISTRICT., PIN - 680002
BY ADVS. SAIJO HASSAN NAGARAJ NARAYANAN(K/700/1994) BENOJ C AUGUSTIN(K/189/2004.) RAFEEK. V.K.(K/134/2003) SANGEETH MOHAN(K/3399/2023) V.P.REJITHA(K/899/2001) NITIN S.(K/374/2024) DHEERAJ BABY(K/002187/2023) MEERA J. MENON(K/000860/2024)
OTHER PRESENT:
SRI. NAGRAJ NARAYANAN FOR RESPONDENT.
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 78 OF 2024
2
JUDGMENT
Amit Rawal, J.
Present petition has been filed on behalf of the petitionertenant seeking indulgence under Article 226 of the Constitution of India for appropriate directions to the Rent Controller to decide the applications for setting aside the eviction order dated 30.11.2021 in RCP No.101 of 2018, for condonation of delay and stay. Owing to the pendency of the application for condonation of delay, the application for stay cannot be taken up but in the meantime, respondent-landlord is pursuing the execution petition for taking possession and is listed for 17.7.2024.
OP (RC) NO. 78 OF 2024
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Considering the predicament of the petitioner and the circumstances narrated above, we dispose of the petition by issuing directions to the Appellate Authority to decide the application for condonation of delay first within a period of three weeks from the date of receipt of a certified copy of this judgment. Till such time, hearing of the execution petition is ordered to be deferred.
SD/-
AMIT RAWAL JUDGE
SD/-
sab
EASWARAN S.
JUDGE
OP (RC) NO. 78 OF 2024
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APPENDIX OF OP (RC) 78/2024
PETITIONER EXHIBITS
| Exhibit P1 | A COPY OF BEFORE THE THRISSUR DAT |
THE HON' ED 10 |
R.C.P.NO. BLE RENT .09.2018. |
101/2018 CONTROL |
FILED COURT, |
|---|---|---|---|---|---|
| Exhibit P1(a) | A COPY OF EXT.P1. |
THE | ENGLISH | TRANSLAT | ION OF |
| Exhibit P2 | A COPY OF R.C.P.NO.101 CONTROL COUR |
THE O /2018 T, TH |
RDER DATED OF THE RISSUR. |
30.11.2 HON'BLE |
021 IN RENT |
| Exhibit P3 | A COPY OF 16.03.2024 BEFORE THE THRISSUR. |
THE IN 1ST |
I.A.NO. R.C.P.NO.1 ADDL. |
72/2024 01/2018 MUNSIFF |
DATED FILED COURT, |
| Exhibit P3(a) | A COPY OF EXT.P3. |
THE | ENGLISH | TRANSLAT | ION OF |
| Exhibit P4 | A COPY O 16.03.2024 BEFORE THE THRISSUR. |
F TH IN 1ST |
E IA N R.C.P.NO.1 ADDL. |
O.1/2024 01/2018 MUNSIFF |
DATED FILED COURT, |
| Exhibit P4(a) | A COPY OF EXT.P4. |
THE | ENGLISH | TRANSLAT | ION OF |
| Exhibit P5 | A COPY OF MEDICAL MULAMKUNNATH |
THE UKAVU |
DISCHARGE COLLEGE , THRISSUR |
CARD FR HO IN THE |
OM NEW SPITAL, NAME OF |
| THE PETITIO 01.12.2023. |
NER | WITH DATE | OF DI | SCHARGE | |
| Exhibit P6 | A COPY OF MEDICAL MULAMKUNNATH |
THE UKAVU |
DISCHARGE COLLEGE , THRISSUR |
CARD FR HO IN THE |
OM NEW SPITAL, NAME OF |
| THE PETITIO 17.10.2022. |
NER | WITH DATE | OF DI | SCHARGE |
1 issue framed by the court
Should the Rent Controller/Appellate Authority be directed to decide the condonation of delay application before hearing the execution petition for possession?
1 provisions across 1 enactments
Selvaraj
Unnikrishnan
Amit Rawal
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
