IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
OP (RC).No.150 OF 2020
AGAINST THE ORDER IN E.P No.11 of 2020 in RCP 53/2016 OF
PRINCIPAL MUNSIFF'S COURT (RENT CONTROL COURT), ALAPPUZHA.
PETITIONER :
B.G.RAJESHKUMAR, BGR JEWELLARY,
ROOM NO.AMCW XVII/1161F, RATNA ARCADE,
AMMANKOVIL STREET, MULLACKAL, ALAPPUZHA.
BY ADVS.
SRI.B.PRAMOD
SMT.NAMITHA JYOTHISH.
RESPONDENT :
SREELAKSHMI SURESH,
W/O.SURESH P.L., RATNA NIVAS,
AMMANKOVIL STREET, MULLACKAL,
ALAPPUZHA, PIN -
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.150 of 2020 2
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
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O.P (R.C) No.150 of 2020
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Dated this the 6th day of January, 2021
JUDGMENT
A.HARIPRASAD, J Heard the learned counsel for the petitioner.
2. It is submitted that the learned counsel for the petitioner has given notice to the respondent's counsel and filed a memo.
3. Prayer in the petition reads thus :
" (i) Pass an order directing the Rent Control Court, Alappuzha to dispose of Ext.P2 I.A No.5258/2019 in RCP No.53/2016 within a time frame;
(ii) Pass an order directing further proceedings in E.P No.11/2020 in RCP No.53/2016 on the file of the O.P (R.C) No.150 of 2020 3 Rent Control Court (Principal Munsiff's court) Alappuzha to be kept in abeyance till the disposal of Ext.P2 I.A.
(iii) Grant such other reliefs as this Hon'ble court deems fit and proper in the facts and circumstances of the case."
4. Petitioner is the tenant, who is sought to be evicted by the respondent/landlord in R.C.P No.53 of 2016 before the Rent Control Court, Alappuzha. Petitioner was set ex parte in the proceedings and an order of eviction was passed. Petitioner filed Ext.P2 application before the Rent Control Court, Alappuzha to set aside the ex parte order. In the meantime, the ex parte order of eviction is sought to be executed before the Principal Munsiff, Alappuzha in E.P No.11 of 2020. The copy of the execution petition is Ext.P3. In Ext.P3 execution proceedings, delivery of property was ordered as seen from Ext.P4. The petitioner preferred Ext.P5 O.P (R.C) No.150 of 2020 4 application before the execution court to set aside the ex parte order passed against him in the execution proceedings. That is also pending. Only prayer made on behalf of the petitioner is to direct the Rent Control Court, Alappuzha to consider Ext.P2 application expeditiously and dispose of the same on merits. It is also requested that till then the execution proceedings may be stayed.
After hearing the learned counsel for the petitioner and on perusal of the records, we are satisfied that the prayer in the petition can be allowed in the following terms :
The Rent Control Court, Alappuzha is directed to dispose of Ext.P2 application filed in R.C.P No.53 of 2016 within a period of two weeks from the date of receipt of a copy of this judgment. The execution O.P (R.C) No.150 of 2020 5 proceedings in E.P No.11 of 2020 in R.C.P No.53 of 2016 pending before the Principal Munsiff, Alappuzha shall be stayed for a period of one month.
A. HARIPRASAD, JUDGE.
P.V.KUNHIKRISHNAN, JUDGE amk O.P (R.C) No.150 of 2020 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE R.C.P.NO.53/2016 ON THE FILE OF THE RENT CONTROL COURT, ALAPPUZHA.
EXHIBIT P2 TRUE COPY OF THE I.A.NO.5258/2019 IN R.C.P.NO.53/2016 ON THE FILE OF THE RENT CONTROL COURT, ALAPPUZHA.
EXHIBIT P3 TRUE COPY OF THE E.P.NO.11/2020 IN R.C.P.NO.53/2016 OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF'S COURT) ALAPPUZHA.
EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS ON 11/12/2020 OF THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA IN E.P.NO.11/2020 IN R.C.P.NO.53/2016 UPLOADED IN THE ECOURT SERVICES.
EXHIBIT P5 TRUE COPY OF THE E.A.NO.216/2020 IN E.P.NO.11/2020 IN R.C.P.NO.53/2016 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT (RENT CONTROL COURT), ALAPPUZHA.
EXHIBIT P6 TRUE COPY OF THE E.A.NO.217/2010 IN E.P.NO.11/2020 IN R.C.P.NO.53/2016 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT (RENT CONTROL COURT), ALAPPUZHA.
EXHIBIT P7 A TRUE COPY OF THE PROCEEDINGS ON 15/12/2020 OF THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA IN E.P.NO.11/2020 IN R.C.P.NO.53/2016 UPLOADED IN THE ECOURT SERVICES.
RESPONDENT'S EXHIBITS : NIL.