Kerala High Court
Shaukath Ali vs Nazeeb Hassan on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
OP (RC) NO. 69 OF 2021
AGAINST THE ORDER/JUDGMENT IN RCP 3/2015 OF MUNSIFF COURT,
CHANGANACHERRY
PETITIONER/S:
SHAUKATH ALI
AGED 49 YEARS
S/O.THAMPI RAWTHER, THOPPIL HOUSE,
PERUMBAIKKATTUSSERRY KARA, PERUMBAIKKADU VILLAGE,
PERUMBAIKKADU P.O.,KOTTAYAM DISTRICT,PIN -686 016.
BY ADVS.
S.RANJIT (KOTTAYAM)
GOKUL DAS V.V.H.
RESPONDENT/S:
1 NAZEEB HASSAN
AGED 36 YEARS
S/O.HASSAN RAWTHER, THOPPIL HOUSE, PAIPPAD
VILLAGE, PALLIKKACHIRA P.O., CHANGANACHERRY TALUK,
KOTTAYAM, PIN - 686 537.
2 HANEEFA RAWTHER
AGED 62 YEARS
S/O.ALIYAR RAWTHER, PUTHAPRAMBIL HOUSE, PAIPPAD
VILLAGE, PALLIKKACHIRA P.O., CHANGANACHERRY TALUK,
KOTTAYAM, PIN - 686 537.
BY ADVS.
NANDAGOPAL S.KURUP
ATHUL TOM
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(RC)No.69 of 2021
2
JUDGMENT
Anil K. Narendran, J.
The petitioner, who filed an obstruction petition in
E.P.No.36 of 2019 in R.C.P.No.3 of 2015 on the file of the
Munsiff Court, Changanacherry, has field this Original Petition
under Article 227 of the Constitution of India seeking an order
directing the said court to consider and pass appropriate orders
on E.A.No.10 of 2021 (Ext.P2 application) within a time frame
to be fixed by this Court. In Ext.P2 application the petitioner is
seeking re-delivery of certain articles and the goods which were
alleged to have been taken possession by the Amin at the time
of delivery of the petition schedule building in R.C.P.No.3 of
2015.
2. On 09.07.2021 when this Original Petition came up for
admission, this Court issued urgent notice on admission by
special messenger to the respondents, returnable by
15.07.2021. Registry was directed to call for a report from the
Munsiff's Court, Changanacherry, as to the present status of
Ext.P2 application.
3. Pursuant to the order dated 09.07.2021, Registry has
obtained a report dated 14.07.2021 of the Munsiff,
O.P.(RC)No.69 of 2021
Changanacherry, wherein it is stated that R.C.P.No.3 of 2015
was allowed in terms of the settlement in mediation. Ext.P2
application stands posted to 30.07.2021, as all case records
have been forwarded to the Rent Control Appellate Authority
(Additional District Court-I), Kottayam in R.C.R.P.No.1 of 2021,
on 23.03.2021, in compliance of O.M.No.B-1/1688/201 dated
17.03.2021.
4. On 22.07.2021 the learned counsel for the petitioner,
on instructions submitted that the petitioner has already made
an endorsement in R.C.R.P.No.1 of 2021 on the file of the Rent
Control Appellate Authority, Kottayam to 'not press' that
Revision Petition. On 22.07.2021, the learned counsel for the
1st respondent sought time to file counter affidavit.
5. The 1st respondent has filed a counter affidavit dated
28.07.2021, opposing the reliefs sought for in this Original
Petition. Along with the counter affidavit, the 1 st respondent has
placed on record certain documents. The document marked as
Ext.R1(C) is an application dated 04.03.2021 (E.A.No.8 of 2021
in E.P.No.36 of 2019 in R.C.P.No.3 of 2015 filed by the
1st respondent seeking an order to conduct auction of the
articles seized from the petition schedule building, in order to
O.P.(RC)No.69 of 2021
meet the expenses incurred by him. In the counter affidavit it is
stated that, that application is still pending consideration, which
has to be considered along with Ext.P2 application filed by the
petitioner.
6. Heard the learned counsel for the petitioner and also
the learned counsel for the 1 st respondent. Despite service of
notice, none appears for the 2nd respondent.
7. The learned counsel for the petitioner and also the
learned counsel for the 1st respondent would submit that the
Rent Control Appellate Authority, Kottayam, has already
dismissed the R.C.R.P.No.1 of 2021 as 'not pressed' on
26.07.2021. Now Ext.P2 application made by the petitioner and
Ext.R1(C) application made by the 1st respondent require time
bound disposal by the Munsiff Court, Changanacherry.
8. Having considered the submissions made by the
learned counsel on both sides, this Original Petition is disposed
of by directing the Munsiff Court, Changanacherry, to consider
and pass appropriate orders on Ext.P2 application made by the
petitioner as E.A.No.10 of 2021 in E.P.No.36 of 2019 in
R.C.P.No.3 of 2015 and Ext.R1(C) application dated 04.03.2021
made by the 1st respondent as E.A.No.8 of 2021 in E.P.No.36 of
O.P.(RC)No.69 of 2021
2019 in R.C.P.No.3 of 2015, as expeditiously as possible, at any
rate, within a period of one month from the date of receipt of a
certified copy of this judgment.
The legal and factual contentions raised by the petitioner
and the 1st respondent are left open to be raised before the
appropriate court, at appropriate stage.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
M.R. ANITHA
shg JUDGE
O.P.(RC)No.69 of 2021
APPENDIX OF OP (RC) 69/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF E.A.NO.1/2021 IN
E.P.NO.36/2019 IN R.C.P.NO.3/2015
BEFORE THE MUNSIFF'S COURT,
CHANGANACHERRY (RENT CONTROL COURT,
CHANGANACHERRY).
EXHIBIT P2 TRUE COPY OF E.A.NO.10/2021 IN
E.P.NO.36/2019 IN RCP NO.3/2015 BEFORE
THE MUNSIFF'S COURT, CHANGANACHERRY
(RENT CONTROL COURT, CHANGANACHERRY).
