Kerala High Court
A.Sunil vs Philip Sebastian on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 5th day of November 2021 / 14th Karthika, 1943
RCREV. NO. 125 OF 2020
R.C.A NO.14/2019 OF THE RENT CONTROL APPELLATE AUTHORITY, ALAPPUZHA
R.C.P. NO.17/2016 OF THE RENT CONTROL COURT, CHERTHALA
REVISION PETITIONER/APPELLANT/RESPONDENT:
A.SUNIL, AGED 53 YEARS, S/0.P.K. ARAVINDAKSHAN, RAJAMANDHIRATHIL
HOUSE, CMC, 16, KOKKOTHAMANGALAM VILLAGE, MARUTHORVATTOM P.O.
CHERTHALA, TALUK, ALAPPUZHA.
BY ADVS. M/S.B.PRAMOD & NAMITHA JYOTHISH
RESPONDENT/RESPONDENT/PETITIONER:
PHILIP SEBASTIAN, AGED 33 YEARS, S/O. SEBASTIAN, PANICKAPPARAMBIL,
VARANAM MURI, THANNEERMUKKOM NORTH VILLAGE, THANNEERMUKKOM GRAMA
PANCHAYATH, WARD NO. 14, THANNEERMUKKOM P.O. CHERTHALA-688524
BY ADVS.M/S.JOBY CYRIAC & KURIAN K JOSE
This Rent control revision having come up for admission on
05.11.2021, the court on the same day passed the following:
(P.T.O)
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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R.C.Rev.No. 125 of 2020
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Dated this the 5th day of November, 2021
ORDER
Anil K. Narendran, J.
The petitioner, who is the tenant in R.C.P.No.17 of 2016
on the file of the Rent Control Court, Cherthala, has filed this
rent control revision, on 28.02.2020, against the judgment
dated 01.02.2020 in R.C.A.No.14 of 2019 of the Rent Control
Appellate Authority (Additional District Judge-II), Alappuzha
and the order dated 26.06.2019 in R.C.P.No.17 of 2016 of the
Rent Control Court (Munsiff), Cherthala.
2. On 11.02.2020 when this revision came up for
admission, it was ordered to be posted after Onam holidays,
at the request of the learned counsel for the petitioner-tenant.
Thereafter, the matter is listed today, for admission as item
No.11 in the admission list, based on an urgent memo filed by
the petitioner on 03.11.2021.
3. When this matter was taken for admission, the
learned counsel for the respondent-landlord submitted that on
account of mere pendency of this Rent Control Revision, the
R.C.Rev.No. 125 of 2020
execution court is not proceeding with the matter. The learned
counsel has also pointed out the pendency of a connected
Rent Control Revision, as R.C.Rev.No.81 of 2021. Therefore,
this Court directed Registry to call for a report from the
execution court, namely, the Munsiff's Court, Cherthala, and
ordered the matter to be listed at 4.00 p.m.
4. Pursuant to that order, a report dated 05.11.2011
is received from the Principal Munsiff, Cherthala, wherein it is
stated that on 29.01.2021 the learned counsel for the tenant-
judgment debtor informed the execution court that
R.C.A.No.14 of 2019 was dismissed and the judgment debtor
is preferring revision before this Court. The counsel sought
time for producing stay order. Based on that submission, the
execution court posted the matter on 03.04.2021. On that day
and also on the next posting date, ie., 23.06.2021 there was
no sitting, and therefore, the case was adjourned to
03.08.2021. On 03.08.2021, the judgment debtor sought time
for producing the stay order. Hence, the matter was adjourned
to 28.08.2021. On that day also, there was no sitting and
R.C.Rev.No. 125 of 2020
hence the matter was adjourned to 10.09.2021. On
10.09.2021 time till 13.10.2021 was granted to the judgment
debtor to produce stay order. On that day, the matter was
again adjourned to 20.10.2021 for producing stay order. Since
no stay order was produced, the case was posted on
21.10.2021 for filing an affidavit or producing the stay order.
On 21.10.2021 the judgment debtor filed an affidavit stating
that a revision is pending before this Court and sought time
for producing the stay order. Hence, the execution petition
was adjourned to 06.11.2021, for producing stay order.
5. From the report dated 05.11.2021 of the concerned
Section Officer, it is seen that the petitioner-tenant filed an
urgent memo in this Rent Control Revision only on
03.11.2021. On the same day, the file was given to the Court
Officers' Section and accordingly the matter is listed today for
admission.
6. On conduct of the petitioner-tenant-judgment
debtor in getting the execution petition adjourned, pointing
out the pendency of this Rent Control Revision, which was
R.C.Rev.No. 125 of 2020
never brought up for admission after 11.02.2020, cannot be
viewed lightly.
7. The learned counsel for the petitioner-tenant seeks
adjournment to 09.11.2021.
List on 09.11.2021 along with R.C.Rev.No.81 of 2021.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
05-11-2021 /True Copy/ Assistant Registrar
