Rajan (Died) vs Abdul Rasaq

Kerala High Court

Rajan (Died) vs Abdul Rasaq on 24 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                         &
                  THE HONOURABLE MR. JUSTICE EASWARAN S.
          FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                              OP (RC) NO. 52 OF 2024
AGAINST    THE   ORDER   IN    RCA   NO.148   OF    2016   OF    DISTRICT   COURT   &
SESSIONS     COURT,THRISSUR       ARISING     OUT    OF    THE     JUDGMENT   DATED
10.06.2016 IN RCP NO.22 OF 2013 OF MUNSIFF COURT,CHAVAKKAD
PETITIONER(S)APPELLANTS/RESPONDENT:

    1        RAJAN (DIED)
             AGED 62 YEARS
             S/O APPU, PUTHUPARAMBIL HOUSE, MUTHUVATTOOR DESOM,
             GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD TALUK,
             THRISSUR DISTRICT, PIN - 680506

    2        THANKA RAJAN
             AGED 66 YEARS
             W/O RAJAN (LATE), PUTHUPARAMBIL HOUSE, MUTHUVATTOOR
             DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD
             TALUK, THRISSUR DISTRICT, PIN - 680506

    3        BIJU P.R
             AGED 48 YEARS
             D/O RAJAN (LATE), PUTHUPARAMBIL HOUSE, MUTHUVATTOOR
             DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD
             TALUK, THRISSUR DISTRICT, PIN - 680506

    4        VINOD P.R
             AGED 45 YEARS
             S/O RAJAN (LATE), PUTHUPARAMBIL HOUSE, MUTHUVATTOOR
             DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD
             TALUK, THRISSUR DISTRICT, PIN - 680506

             BY ADVS.
             ANAND KALYANAKRISHNAN
             C.DHEERAJ RAJAN
 OP (RC) NO. 52 OF 2024
                                       2

RESPONDENT(S)/RESPONDENT/PETITIONER:

            ABDUL RASAQ
            AGED 55 YEARS
            S/O SAITHALIKUTTY HAJI, POKKAKKILATH HOUSE,
            MUTHUVATTOOR DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD
            P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN -
            680506

            BY ADVS.
            K.J.MOHAMMED ANZAR
            P.K.MINIMOLE(K/1604/1995)
            A.RADHAKRISHNAN NAIR(K/354/2006)
            BAPPU GALIB SALAM(K/001594/2021)
            MUHAMMED ASHIQUE(K/001818/2021)




     THIS   OP   (RENT   CONTROL)   HAVING   COME   UP   FOR   HEARING   ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (RC) NO. 52 OF 2024
                                         3

                               JUDGMENT

1st petitioner herein was the respondent before the rent control court in RCP No.22/2013. Appeal bearing RCA No.148 of 2016 is stated to be pending. The grievance as espoused in the present petition is that during the pendency of the appeal, the tenant had died and six (6) applications for abatement, condonation of delay and bringing on record the LRs are pending consideration (Exts.P4 to P9).

2. Learned counsel appearing on behalf of the respondent has put in appearance and submits that in order to prevent further delay of adjudication of the pending appeal, there is no objection in case six applications are decided in accordance with law, in a time bound manner.

3. Without expressing any opinion on the merits of the matter, we dispose of the petition by issuing directions to the appellate authority to decide Exts.P4 to P9 applications along with the pending appeal, as expeditiously as possible, in accordance with law within a period of two months from the date of receipt of a copy of this judgment.

4. At this stage, learned counsel for the petitioners OP (RC) NO. 52 OF 2024 4 submitted that this Court while issuing notice had granted the interim stay but they did not produce the interim stay before the appellate authority and vide order dated 18.5.2024 delivery has been ordered. It is made clear that till the disposal of the appeal, dispossession of the petitioner, tenant shall remain stayed.

Sd/-

AMIT RAWAL JUDGE Sd/-

sab                                         EASWARAN S.
                                                JUDGE
 OP (RC) NO. 52 OF 2024
                                        5

                      APPENDIX OF OP (RC) 52/2024

PETITIONER EXHIBITS

Exhibit P1              THE TRUE COPY OF THE JUDGMENT DATED 10.06.2016 IN

RCP NO. 22/2013 ON THE FILES OF MUNSIFF COURT, CHAVAKKAD (RENT CONTROL COURT) Exhibit P2 THE TRUE COPY OF THE MEMORANDUM OF APPEAL IN RCA NO. 148/2016 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR Exhibit P3 THE TRUE COPY OF PETITION IN EP NO. 801/2016 IN RCP NO. 22/2013 ON THE FILES OF MUNSIFF COURT, CHAVAKKAD (RENT CONTROL COURT) Exhibit P4 THE TRUE COPY OF THE DELAY CONDONATION PETITION IA NO. 01 OF 2024 IN RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR Exhibit P5 THE TRUE COPY OF THE PETITION IA NO. 02/2024 IN RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR Exhibit P6 THE TRUE COPY OF IA NO. 03/2024 IN RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR Exhibit P7 THE TRUE COPY OF IA NO. 04/2024 IN RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR Exhibit P8 THE TRUE COPY OF THE PETITION IN IA NO. 05/2024 IN RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR Exhibit P9 THE TRUE COPY OF THE PETITION IN IA NO. 06/2024 IN RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR