Kerala High Court
Current Books India Pvt. Ltd vs Current Books India Pvt. Ltd on 19 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 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
OP (RC).No.69 OF 2020
AGAINST THE ORDER DATED 16-03-2020 IN EP NO.35 OF 2020 IN
RCP 7/2012 OF PRINCIPAL MUNSIFF'S COURT ,IRINJALAKUDA
PETITIONER/JUDGMENT DEBTOR/RESPONDENT :
CURRENT BOOKS INDIA PVT. LTD.,
REPRESENTED BY ITS AUTHORIZED SIGNATORY,
G.VENUGOPAL, AGED 55 YEARS, SON OF
K.G.GOPALAKRISHNAN NAIR, GOPI VILASAM,
POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM-686 521.
BY ADVS.
SRI.B.ASHOK SHENOY
SMT.C.G.PREETHA
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SHRI.DR.ABHILASH O.U.
RESPONDENTS/DECREE HOLDERS/PETITIONERS :
1 MERY ANTHAPPAN, AGED 66 YEARS,
WIFE OF MATHANCHIRA ANTHAPPAN,
KARALAM VILLAGE, KIZHUTHANI DESOM,
MUKUNDAPURAM TALUK, THRISSUR -680 733.
2 PAULSON, AGED 44 YEARS,
SON OF MATHANCHIRA ANTHAPPAN,
KARALAM VILLAGE, KIZHUTHANI DESOM,
MUKUNDAPURAM TALUK, THRISSUR -680 733.
O.P (R.C) No.69 of 2020 2
3 BABU, AGED 41 YEARS,
SON OF MATHANCHIRA ANTHAPPAN,
KARALAM VILLAGE, KIZHUTHANI DESOM,
MUKUNDAPURAM TALUK, THRISSUR -680 733.
4 VINCENT, AGED 39 YEARS,
SON OF MATHANCHIRA ANTHAPPAN,
KARALAM VILLAGE, KIZHUTHANI DESOM,
MUKUNDAPURAM TALUK, THRISSUR -680 733.
R4 BY ADV. SRI.SANTHOSH P.PODUVAL
R4 BY ADV. SMT.R.RAJITHA.
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.69 of 2020 3
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
--------------------------------------
O.P (R.C) No.69 of 2020
--------------------------------------
Dated this the 19th day of February, 2021
JUDGMENT
P.V.KUNHIKRISHNAN, J
This original petition is filed with the following prayers :
"(a) Call for the records and files leading to Exhibit
P7 order dated 16-03-2020 in E.P No.35 of
2020 in R.C.P No.7 of 2012 on the file of the
Principal Munsiff's Court, Irinjalakuda and set
aside Exhibit P7 order thereof;
(b) Direct that further proceedings in Exhibit P1
Execution Petition - E.P No.35 of 2020 in R.C.P
No.7 of 2012 on the file of the Principal
Munsiff's Court, Irinjalakuda be kept in abeyance
until the Rent Control Appellate Authority,
Thrissur considers and passes orders on Exhibits
P4 and P5 petitions - I.A Nos.1 of 2020 and 3 of
2020 in R.C.A No.60 of 2020 on its file; and
(c) Grant such other and further reliefs as are
deemed just and necessary in the facts and
circumstances of the case including the costs of
this proceedings; "
2. Petitioner is the judgment debtor in E.P No.35 of 2020 in R.C.P
No.7 of 2020 on the file of the Principal Munsiff's Court, Irinjalakuda. This
original petition is filed challenging Ext.P7 order passed by the Execution
Court directing to issue delivery of warrant authorizing the Amin to
execute Exhibit P2 order.
3. The counsel for the petitioner submitted that challenging
Exhibit P2 order an appeal is already filed before the appellate authority
with a petition to condone the delay in filing the same. Limited prayer now
raised by the learned counsel for the petitioner in this original petition is
that there may be a direction to the Rent Control Appellate Authority,
Thrissur to consider I.A Nos.1 & 3 of 2020 in R.C.A No.60 of 2020 and till
then the execution proceedings may be stayed.
4. This Court issued notice to the respondents. Service to the third
respondent is not complete. The direction we propose to issue to the
execution court and to the Rent Control appellate authority, no notice is
necessary to the third respondent.
5. In the light of the facts and circumstances of the case, the
following directions are issued :
(i) The Rent Control Appellate Authority, Thrissur is
directed to consider I.A Nos.1 & 3 of 2020 in R.C.A
No.60 of 2020 as expeditiously as possible at any rate
within three weeks from the date of receipt of a copy of
this judgment.
(ii) Till final orders are passed in the above interlocutory
applications by the appellate authority, the execution
proceedings based on Ext.P7 order shall be kept in
abeyance.
(iii) If the above interlocutory applications are allowed,
the Rent Control Appellate Authority shall dispose of
the main appeal itself as expeditiously as possible at any
rate within two months from the date of that order.
A. HARIPRASAD,
JUDGE.
P.V.KUNHIKRISHNAN,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF EXECUTION PETITION DATED
8.2.2020 IN E.P.NO.35 OF 202O IN RCP NO
7 OF 2012 BEFORE THE PRINCIPAL
MUNSIFF'S COURT, IRINJALAKUDA FILED BY
RESPONDENTS.
EXHIBIT P2 TRUE COPY OF ORDER DATED 8.11.2019 IN
IA NO.612 OF 2019 IN RCP NO.7 OF 2012
PASSED BY THE RENT CONTROL COURT,
IRINJALAKUDA.
EXHIBIT P3 TRUE COPY OF MEMORANDUM OF APPEAL DATED
6.3.2020 IN RCA NO.60 OF 2020 FILED BY
PETITIONER BEFORE THE RENT CONTROL
APPELLATE AUTHORITY , THRISSUR.
EXHIBIT P4 TRUE COPY OF AFFIDAVIT AND PETITION FOR
CONDONATION OF DELAY DATED 6.3.2020 IN
IA NO.1 OF 2020 IN RCA NO.60 OF 2020
FILED BY PETITIONER BEFORE THE RENT
CONTROL APPELLATE AUTHORITY,THRISSUR.
EXHIBIT P5 TRUE COPY OF AFFIDAVIT AND PETITION FOR
STAY DATED 6.3.2020 IN IA NO.3 OF 2020
IN RCA NO.60 OF 2020 FILED BY
PETITIONER BEFORE THE RENT CONTROL
APPELLATE AUTHROITY, THRISSUR.
EXHIBIT P6 TRUE COPY OF OBJECTION DATED 9.3.2020
IN EP NO.35 OF 2020 IN RCP NO.7 OF 2012
FILED BY PETITIONER BEFORE THE
PRINCIPAL MUNSIFFS COURT, IRINJALAKUDA.
EXHIBIT P7 TRUE COPY OF ORDER DATED 16.3.2020 IN
EP NO.35 OF 2020 IN RCP NO.7 OF 2012
PASSED BY MUNSIFF'S PRINCIPAL COURT,
IRINJALAKUDA, AS REFLECTED ON WEB SITE
OF THE EXECUTION COURT.
RESPONDENTS' EXHIBITS : NIL.
