Kerala High Court
Sivankutty vs Kushan on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
OP (RC).No.8 OF 2021
[RCA No.27/2019 ON THE FILE OF THE RENT CONTROL APPELLATE
AUTHORITY, THIRUVANANTHAPURAM]
PETITIONER/JUDGMENT DEBTOR:
SIVANKUTTY
AGED 56 YEARS
SON OF SRI CHELLAPPAN,
FORMERLY RESIDING AT CHIRATHILAVILAKOM VEEDU,
SIVANKOVIL ROAD,
THALAYIL DESOM,
ARALUMOODU P O, THIRUVANANTHAPURAM-695123 AND NOW AT
III/113, NEAR KERALA AUTOMOBILES, ATHIYANOOR,
THIRUVANANTHAPURAM-695123.
BY ADVS.
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
RESPONDENTS/DECREE HOLDERS:
1 KUSHAN
AGED 57 YEARS
SON OF SRI. THANKAPPAN PILLAI, RESIDING IN DEEPU
NIVAS,
PULLIYIL, THALAYIL DESOM, ATHIYANOOR,
THIRUVANANTHAPURAM-695123.
2 SRI ARUN
AGED 30 YEARS
SON OF SRI KUSHAN,
RESIDING IN DEEPU NIVAS,
PULLIYIL, THALAYIL DESOM, ATHIYANOOR,
THIRUVANANTHAPURAM-695123.
R1-2 BY ADV. SRI.G.RANJU MOHAN
R1-2 BY ADV. SMT.M.SANTHI (K/868/2011)
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC)No.8 of 2021 2
JUDGMENT
Dated this the 5th day of February 2021
Hariprasad J. ..
Heard the learned counsel for the petitioner.
2. Despite sending notice, service was not
effected on the respondent. We called for a report
from the Additional District Judge,
Thiruvananthapuram (Rent Control Appellate Authority)
where R.C.A.No.27 of 2019 is pending. It is seen from
the report submitted by the learned Additional
District Judge that, the appeal was filed by the
petitioner before the Rent Control Appellate
Authority with a delay of 524 days in filing the said
appeal. It is submitted that, notice to the
respondents could not be served in time and the case
was posted to 4.2.2021 (yesterday) for return of
notice on the respondents. The learned Additional
District Judge has expressed his willingness to
dispose of the appeal within 45 days from the date of
appearance of the parties. Therefore, considering the
nature of the order passed in this case, we do not
find any need to serve notice to the respondents in
this case.
Hence, this Original Petition is disposed of
directing the petitioner/appellant in
R.C.A.No.27/2019 before the Rent Control Appellate
Authority, Thiruvananthapuram to take proper steps to
serve notice in the delay condonation petition as
well as in the appeal to the respondents as
expeditiously as possible and the appellate authority
shall dispose of the appeal within a period of 45
days from the date of service of notice effected on
the respondents. In the meantime, the interim order
of stay passed by this Court on 19.1.2021 staying the
execution proceedings will continue until the
disposal of the application filed under Section 5 of
the Limitation Act in R.C.A.No.27 of 2019.
Sd/-
A.HARIPRASAD
JUDGE
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
pkk
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF OBJECTION FILED BY THE
PETITIONER HEREIN IN OP (RCP) NO. 3/2016
DATED 24.08.2017.
EXHIBIT P2 TRUE COPY OF ORDER PASSED BY THE HON'BLE
PRINCIPAL MUNSIFF'S COURT, NEYYATTINKARA IN
OP (RCP) NO. 3/2016 DATED 9/7/2018.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE PRINCIPAL MUNSIIF'S COURT,
NEYYATTINKARA IN IA NO.3412/2018 IN OP
(RCP) NO. 3/2016 DATED 27/9/2019.
EXHIBIT P4 TRUE COPY OF MEMORANDUM OF APPEAL IN RCA
NO. 27/2019 ON THE FILES OF HON'BLE RENT
CONTROL APPELLATE AUTHORITY, (DISTRICT
COURT) THIRUVANANTHAPURAM DATED 16.12.2019.
EXHIBIT P5 TRUE COPY OF IA NO. 1/2019 IN RCA NO.
27/2019 SEEKING STAY OF EXECUTION
PROCEEDINGS IN OP (RCP) 3/2016 DATED
16.12.2019.
EXHIBIT P6 TRUE COPY OF DAILY STATUS DOWNLOADED FROM
THE SITE https.//services. ecourts. gov. in
ON 13.01.2021.
EXHIBIT P7 TRUE COPY OF IA NO. 1/2021 IN RCA NO.
27/2019 PREFERRED BY THE PETITIONER BEFORE
HON'BLE FAST TRACK COURT,
THIRUVANANTHAPURAM DATED 13.01.2021.
//TRUE COPY//
SD/-
P.S. TO JUDGE
