M.Sreekala vs Kannur District Co Operative ...
2021 Latest Caselaw 23632 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR.JUSTICE V.G.ARUN

         TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943

                            OP(C) NO. 1928 OF 2021

                    IN AS 44/2019 OF SUB COURT, PAYYANNUR

PETITIONER/APPELLANT/1ST DEFENDANT:

             M.SREEKALA
             AGED 37 YEARS
             W.O E.M. JAYARAJAN, EDAYIKKOTH MALLISSERI ILLAM, TALIPARAMBA
             AMSOM, KUPPAM, DESOM, TALIPARAMBA TALUK, P.O.TALIPARAMBA,
             KANNUR DIST, PIN-670 141

             BY ADV A.C.VENUGOPAL


RESPONDENTS/RESPONDENTS/PLAINTIFF & DEFENDANTS 2 TO 5:

     1       KANNUR DISTRICT CO OPERATIVE RUBBER AND AGRICULTURAL MARKETING
             SOCIETY LTD NO C 303,
             REPRESENTED BY ITS SECRETARY IN CHARGE M P RAVINDRAN, S/O
             KUNHIRAMAN, EZHOME AMSOM DESOM,PAYYANNUR THALUK, KANNUR
             DISTRICT, PIN-670 334

     2       HENTRY T.J,
             S/O JOSEPH, BUSINESS NEST, CHIRAVAKK, ROOM NO TMC XII-15,
             TALIPARAMBA AMSOM DESOM, TALIPARAMBA THALUK, P.O.TALIPARAMBA
             KANNRU DIST, PIN-670 141

     3       VINOD ,
             S/O KRISHNAN, CARPENTER, CHIRAVAKK, ROOM NO TMC X11-16,
             TALIPARAMBA AMSOM DESOM, TALIPARAMBA THALUK, P.O.TALIPARAMBA
             KANNRU DIST, PIN-670 141

     4       PRABHAKARAN,
             S/O AMBADI, TYRE WORKS, CHIRAVAKKA, ROOM NO TMC XII-17,
             TALIPARAMBA AMSOM DESOM, TALIPARAMBA THALUK, P.O.TALIPARAMBA
             KANNRU DIST, PIN-670 141

     5       SUVARNAN,
             STATIONERY BUSINESS, CHIRAVAKK, ROOM NO TMC X11-18, TALIPARAMBA
             AMSOM DESOM, TALIPARAMBA THALUK, P.O.TALIPARAMBA KANNRU DIST,
             PIN-670 141
             BY ADV M.SASINDRAN -R1

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1928 OF 2021
                                        2




                                 JUDGMENT

Dated this the 30th day of November, 2021

The limited relief sought in this original petition

is the expeditious disposal of A.S.No.44 of 2019

pending on the files of the Subordinate Judge's Court,

Payyannur and to keep on hold the eviction of the

petitioner from the decree schedule property,

pursuant to the order of delivery in O.S.No.60 of 2014

of the Munsiff's Court, Taliparamba.

2. Learned Counsel for the respondents

submitted that the petitioner has persistently

defaulted in payment of rent and any direction for

early disposal of the appeal shall only be on condition

of the petitioner paying the arrears of rent.

3. Learned Counsel for the petitioner submitted

that arrears of rent is being paid and handed over a

receipt evidencing payment of Rs.10,000/- (Rupees

ten thousand only) towards arrears of rent, as on

05.10.2018.

4. The monthly rent being Rs.6,600/- (Rupees OP(C) NO. 1928 OF 2021

six thousand six hundred only), I find merit in the

submission of the learned Counsel for the respondents

that unless substantial amount is paid towards

arrears, it may not be proper for this Court to defer

the eviction proceedings.

The original petition is hence disposed of,

directing the Sub Court, Payyannur, to take earnest

efforts to dispose A.S.No.44 of 2019, within three

months of receipt of a copy of this judgment. Till such

time, the proceedings for eviction in E.P.No.86 of 2020

in O.S.No.60 of 2014 of the Munsiff's Court,

Taliparamba shall stand deferred, subject to the

petitioner depositing an amount of Rs.50,000/-

(Rupees fifty thousand only) towards arrears of rent

within one month.

Sd/-

V.G.ARUN

JUDGE NB/30-11 OP(C) NO. 1928 OF 2021

APPENDIX OF OP(C) 1928/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 31.1.2019 IN OS NO 60/2014 OF THE HON'BLE MUNSIFFS COURT TALIPARAMBA

EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM IN AS NO 44 /2019 BEFORE THE HON'BLE SUBORDINATE JUDGE PAYYANNUR

EXHIBIT P3 TRUE COPY OF THE IA NO 578/2019 FILED BEFORE THE HON'BLE SUBORDINATE JUDGE , PAYYANNUR

EXHIBIT P4 TRUE COPY OF EP NO 86/2020 IN OS NO 60/2014

EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE HON'BLE MUNSIFFS COURT TALIPARAMBA TO THE PETITIONER IN EP NO 86/2020 IN OS NO 60/2014

EXHIBIT P6 TRUE COPY OF THE IA NO 1/2020 IN AS NO 44/2019 FILED BY THE PETITIONER BEFORE THE LEARNED SUBORDINATE JUDGE

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED 14.9.2021 BEFORE THE HON'BLE MUNSIFFS COURT IN EP NO 86/2020 IN OS NO 60/2014 OBTAINED BY THE PETITIONER FORM E-COURTS

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS DATED 21.10.2021 BEFORE THE HON'BLE MUNSIFFS COURT IN EP NO 86/2020 IN OS NO 60/2014 OBTAINED BY THE PETITIONER FROM E-COURTS

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE