OP (RC) No.126/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
OP (RC) NO. 126 OF 2022
EP 140/2022 IN RCP 217/2019 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
RP NO. 52/2022 OF RENT CONTROL COURT, ERNAKULAM
PETITIONER/JUDGMENT DEBTOR/RESPONDENT:
ANISH BAL, AGED 43, S/O BALAN, SNRA 296, BUILDING NO. 7/671, EROOR
DESOM, THRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 679335.
RESPONDENT/DECREE HOLDER/PETITIONER:
V. VIVEK IYER, AGED 54, S/O SUBRAMANIA KRISHNA IYER, RESIDING AT
AGRAHARAM HOUSE, RAVIPURAM ROAD, KARITHALA DESOM, ERNAKULAM P.O, PIN
- 682016.
Op (rent control) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (RC) the High Court be
pleased to issue an interim order in keeping in abeyance all further
proceedings in pursuance to Exhibit P6 order dated 23.6.2022 until a
reasonable time to be fixed for the petitioner to get disposed Exhibit P4
and P5 applications.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (RC) and upon hearing the arguments
of M/S.K.S.SAJEEV KUMAR, MOHANDAS K.CHACKO, RAMESH.P.N., BISMI T.A.,
PAREETH K B. & SUKESAN P.S., Advocates for the petitioner, the court
passed the following:
(P.T.O)
OP (RC) No.126/2022 2/5
ANIL K.NARENDRAN & P.G. AJITHKUMAR, JJ.
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O.P.(RC)No.126 of 2022
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Dated this the 24th June, 2022
ORDER
Anil K. Narendran, J.
The petitioner is the respondent-tenant in R.C.P.No.217 of 2019 on the file of the Rent Control Court (Addl. Munsiff-IV), Ernakulam, in which an ex-parte order of eviction has been passed on 21.12.2021. The landlord filed E.P.No.140 of 2022 in R.C.P.No.217 of 2019 before the Principal Munsiff Court, Ernakulam. On receipt of notice, the tenant entered appearance before the Execution Court and filed Ext.P3 objection. Simultaneously, the tenant filed R.P.No.52 of 2022 before the Rent Control Court to set aside the ex-parte order of eviction passed in R.C.P.No.217 of 2019, which is supported by I.A.No.1 of 2022 for condonation of delay of 183 days. R.P.No.52 of 2022 and the interlocutory application are now posted to 24.08.2022.
2. The grievance of he petitioner-tenant is that, during the pendency of R.P.No.52 of 2022 and the application for condonation of delay, the Execution Court, i.e., the Principal Munsiff Court, Ernakulam, proceeded with the execution OP (RC) No.126/2022 3/5 OP(RC)No.126 of 2022 2 petition and ordered delivery, vide order dated 23.06.2022 in E.P.No.140 of 2022 in R.C.P.No.217 of 2019, as evidenced by Ext.P6 daily status. As per the said order, delivery has to be affected on 25.06.2022 and the matter is listed on 27.06.2022, awaiting report.
3. The learned counsel for the petitioner would submit that the order dated 23.06.2022 of the Execution Court is revisible under the proviso to Section 14 of the Kerala Buildings (Lease and Rent Control) Act, 1965. On 23.06.2022 itself, the petitioner filed an urgent copy application for issuing a carbon copy of that order. The petitioner is yet to be issued with a copy of that order and it is in such circumstances, he had approached this Court in this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
4. Having considered the averments in the original petition and also the submissions made by the learned counsel for the petitioner, we deem it appropriate to admit the matter on file and issue notice to the respondent-landlord.
5. The learned counsel for the petitioner is permitted to take out notice to the respondent-landlord through his counsel before the Principal Munsiff Court, Ernakulam, where OP (RC) No.126/2022 4/5 OP(RC)No.126 of 2022 3 E.P.No.140 of 2022 in R.C.P.No.217 of 2019 is pending consideration.
6. Registry shall get a report from the Principal Munsiff Court, Ernakulam as to whether the petitioner-tenant has already been issued with a carbon copy of the order dated 23.06.2022, based on his application dated 23.06.2022. In the said report, the Principal Munsiff shall explain the circumstances in which delivery of the property is ordered to be effected on 25.06.2022, thereby denying an opportunity to the tenant to invoke the revisional remedy under the proviso to Section 14 of the Act.
7. Considering the facts and circumstances of the case, as borne out from the pleadings and materials on record, and also the submissions made by the learned counsel for the petitioner-tenant, we deem it appropriate to grant an interim order, staying all further proceedings in E.P.No.140 of 2022 in R.C.P.No.217 of 2019, for a period of ten days.
List on 29.06.2022.
Sd/-
ANIL K.NARENDRAN JUDGE Sd/-
P.G. AJITHKUMAR
JUDGE
yd
24-06-2022 /True Copy/ Assistant Registrar
OP (RC) No.126/2022 5/5
APPENDIX OF OP (RC) 126/2022
Exhibit P3 TRUE COPY OF THE OBJECTION FIED BY THE PETITIONER IN EP
NO. 140 OF 2022 IN RCP NO.217 OF 2019 BEFORE THE PRINCIPAL MUNSIFF COURT (EXECUTION COURT), ERNAKULAM DATED 22-06-2022 Exhibit P4 TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTIE JUDGEMENT PREFERRED BY THE PETITIONER VIDE RP NO. 52 OF 2022 BEFORE THE RENT CONTROL COURT, ERNAKULAM DATED 22-06-2022 Exhibit P5 TRUE COPY OF THE PETITION TO CONDONE THE DELAY PREFERRED BY THE PETITIONER VIDE IA NO. 1 OF 2022 BEFORE THE RENT CONTROL COURT, ERNAKULAM DATED 22-06-2022 Exhibit P6 TRUE COPY OF THE DOWNLOADED ORDER DATED 23-06-2022 IN EP NO. 140 OF 2022 OF PRINCIPAL MUNSIFF COURT (EXECUTION COURT), ERNAKULAM