Kerala High Court
Palamuttath Aboobacker vs Maliyekkal Abdu Razak on 6 January, 2021
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.2 OF 2021
AGAINST THE JUDGMENT IN RCA 16/2019 DATED 16-12-2020 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI.
AGAINST THE ORDER IN RCP 37/2017 DATED 27-03-2019 OF MUNSIFF
COURT, PARAPPANANGADI.
PETITIONER/2nd PETITIONER :
PALAMUTTATH ABOOBACKER, S/O MUHAMMED,
AGED 61 YRS, ULLANAM AMSOM DESOM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT.
BY ADVS.SRI.C.M.MOHAMMED IQUABAL
SMT.ANJALI G.KRISHNAN
SMT.N.S.SOUMYA MOL
SRI.P.ABDUL NISHAD
RESPONDENTS/RESPONDENT&PETITIONERS 1, 3 & 4 :
1 MALIYEKKAL ABDU RAZAK, S/O KUNHIBAVA, AGED 42 YRS,
NANNAMBRA AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM
DISTRICT, PIN- 676 320.
2 KARUTHEDATH MOOSA HAJI,S/O MOIDEEN, AGED 61 YRS,
ULLANAM AMSOM DESOM, TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN-676 303.
3 ARAKKAL KUNHIMUHAMMEDKUTTY, S/O KUNHIRAYIN,
AGED 56 YRS, NEDUVA AMSOM DESOM,TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN-676 303.
4 PALLIPURATH MUHAMMEDKUTTY, S/O MOIDEEN,AGED 54 YEARS,
NEDUVA AMSOM DESOM, TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN-676 303.
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.2 of 2021 2
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
--------------------------------------
O.P (R.C) No.2 of 2021
--------------------------------------
Dated this the 6th day of January, 2021
JUDGMENT
A.HARIPRASAD, J
Heard the learned counsel for the petitioner.
2. First respondent is the tenant under the petitioner and
respondents 2 to 4. Considering the nature of reliefs claimed in the petition,
we do not think that the orders that is going to be passed in this case will
affect the rights of the first respondent adversely. Therefore, we dispense with
the notice.
3. Prayer in the petition reads as follows :
" a) Issue a direction to the Rent Control Court,
Parappanangadi to hear and dispose R.C.P No.37/2017
on its file, within a time stipulated by this Hon'ble Court.
and
b) Pass any other appropriate order or direction which this
Hon'ble Court may deem fit to issue and the petitioner
may pray from time to time."
4. Petitioner along with respondents 2 to 4, filed R.C.P No.37 of
2017 before the Rent Control Court, Parappanangadi. Ext.P1 is the copy of the
eviction petition. In Ext.P1 petition, Ext.P2 counter statement is filed by the
contesting respondents. During the pendancy of the proceedings, an
application under Section 12 of the Kerala Building (Lease and Rent Control)
Act, 1965, was filed. That order passed in favour of the petitioner was
challenged by the first respondent before the Rent Control Appellate
Authority, Manjeri. Ext.P4 is the judgment in the appeal.
5. It is submitted by the learned counsel for the petitioner that the
eviction petition of the year 2017 is being dragged without any justification.
Having regard to the facts and circumstances, we hereby direct
the Rent Control Court, Parappanangadi to dispose of R.C.P No.37 of 2017
within a period of six months from the date of receipt of a copy of this
judgment.
A. HARIPRASAD,
JUDGE.
P.V.KUNHIKRISHNAN,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF R.C.P NO 37/2017 OF THE
RENT CONTROL COURT, PARAPPANANGADI DATED
22.9.2017
EXHIBIT P2 THE TRUE COPY OF THE COUNTER IN R.C.P NO
37/2017 OF THE RENT CONTROL COURT,
PARAPPANANGADI DATED APRIL,2018
EXHIBIT P3 THE TRUE COPY OF THE ORDER IN IA NO
3344/2018 IN R.C.P NO 37/2017 OF THE RENT
CONTROL COURT, PARAPPANANGADI DATED
27.3.2019
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN RCA NO
16/2019 OF THE RENT CONTROL APPELLATE
AUTHORITY (ADDITIONAL DISTRICT JUDGE-11)
MANJERI DATED 161.2.2020
RESPONDENT'S EXHIBITS : NIL.
