George vs Narendranathan
2021 Latest Caselaw 10439 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

    FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                        OP (RC).No.52 OF 2021

 AGAINST THE ORDER IN RCP 10/2019 OF MUNSIFF COURT/RENT CONTROL
                      COURT, IRINJALAKUDA


PETITIONERS:

      1        GEORGE, AGED 57,
               S/O AUSEPH, MORELLI HOUSE,
               CHALAKKUDY P.O,
               THRISSUR 680307.

      2        MAXIN, S/O KOPRALAN JOSEPH,
               AGED 53, VETTUKADAVU DESOM,
               CHALAKKUDY VILLAGE.
               BY ADV. SRI.K.B.PRADEEP

RESPONDENT:

               NARENDRANATHAN, AGED 56,
               S/O PRABHAKARAN,
               THEKKEMADATHIL, PULLUR DESOM,
               PULLUR VILLAGE,
               MUKUNDAPURAM, THRISSUR 680683.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(RC) No.52/2021

                                     -:2:-




                             J U D G M E N T

Dated this the 26th day of March, 2021

A.Muhamed Mustaque,J.

Petitioners are the respondents in RCP No.10/2019

on the file of Rent Control Court, Irinjalakuda. They

were set ex parte. An application to set aside ex

parte order was filed as per Ext.P1 and Ext.P2 was

filed for an early hearing of Ext.P1. Both the

applications are pending. In the meanwhile, respondent

took steps to execute the order of eviction. It is

challenging the above, the petitioners have approached

this court.

2. In the above circumstances, we think it

appropriate for the Rent Control Court to dispose of

the application to set aside the ex parte order within

a period of three months. Till the applications are

disposed of, all further proceedings in the execution

petition shall be kept in abeyance.

3. In the light of the above direction, notice to

the respondent is dispensed with. Petitioners shall

serve a copy of this judgment to the learned counsel OP(RC) No.52/2021

appearing for the respondents in the execution court.

OP is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

Rp JUDGE OP(RC) No.52/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF IA NO.2 OF 2020 DATED 15/10/2020 IN RCP NO.10/2019 IN THE FILE OF RENT CONTROL COURT/ADDITIONAL MUNSIFF, IRINJALAKUDA.

EXHIBIT P2 TRUE COPY IA NO.3 OF 2021 DATED 26/3/2021 SEEKING AN EARLY HEARING OF EXT.P1 APPLICATION.

EXHIBIT P3 TRUE COPY IA NO.4 OF 2021 DATED 26/3/2021 REQUESTING THE EXECUTION COURT TO DEFER THE EXECUTION PROCEEDINGS.

True Copy

PS to Judge Rp