T. Vinod Kumar vs A.Damodharan Nair
2021 Latest Caselaw 18127 Ker

Citation : 2021 Latest Caselaw 18127 Ker
Judgement Date : 3 September, 2021

Kerala High Court

T. Vinod Kumar vs A.Damodharan Nair on 3 September, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                 &
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    OP (RC) NO. 86 OF 2021
   AGAINST THE ORDER/JUDGMENT IN RCP 128/2019 OF PRINCIPAL
             MUNSIFF COURT KOZHIKODE-I, KOZHIKODE
PETITIONER/JUDGMENT DEBTOR/RESPONDENT:

          T. VINOD KUMAR,
          AGED 46 YEARS
          S/O. RAGUTHAMAN, KIZHAKKEPALAKUNIYIL HOUSE,
          VENGERI AMSOM DESOM, VENGERI P.O., KOZHIKODE TALUK,
          KOZHIKODE-673010.

          BY ADVS.
          T.D.SUSMITH KUMAR
          C.SIVADAS



RESPONDENT/DECREEE HOLDER/PETITIONER:

          A.DAMODHARAN NAIR,
          S/O. OTHAYAMANGALATH KRISHNAN NAIR,
          AGED 77 YEAR, 'THRIPTHI', VENGERI AMSOM DESOM,
          KOZHIKODE TALUK, KOZHIKODE-673010.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       -2-

OP (RC) NO. 86 OF 2021




                                JUDGMENT

MOHAMMED NIAS C.P.,J.

Petitioner, tenant/ respondent in R.C.P.No.128/2019 on the file

of the Principal Munsiff Court-I, Kozhikode seeks expeditious disposal

of Ext.P8, which is an application filed to restore the application filed

to set aside the exparte order made against him on 22.02.2020.

2. Petitioner filed I.A.No.1 of 2020 to set aside the ex-parte

order dated 22.02.2020. The said Interlocutory Application came up

for hearing on 1st January, 2021, on which date also there was no

representation for the petitioner herein, and accordingly the

application was dismissed for default. On dismissal of the same, the

petitioner has filed I.A.No.3 of 2021 seeking to restore I.A.No.1 of

2020. The learned counsel for the petitioner submits that the said

application is pending before the court below and he prays for

expeditious disposal of the said application. He also fears that since

the execution proceedings are pending, as evident from Ext.P9, he

will be evicted without his application Ext. P8 being considered. We

also notice that he was set exparte in E.P. No. 35/2021 arising from

R.C.P.No.128/2019. He had filed an application E.A.No.144/2021 in

the said E.P to recall the Amin which also stands dismissed. True,

there has been gross laches on the part of the petitioner herein. Be

OP (RC) NO. 86 OF 2021

that as it may, we deem it fit to show some indulgence in the matter

as there has been no adjudication on merits. Accordingly, we direct

the court below to consider Ext.P8 and to take a decision thereon,

within a period of three weeks from today. Till such a decision is

taken, all further proceedings in E.P.No.35/2021 in R.C.P.No.128/2019

on the files of the Principal Munsiff Court-I, Kozhikode, including the

proceedings pursuant to Ext.P11 order shall be kept in abeyance.

The Original Petition is disposed of as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

hmh

OP (RC) NO. 86 OF 2021

APPENDIX OF OP (RC) 86/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF RCP NO. 189/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT-1, KOZHIKODE.

Exhibit P2 A TRUE COPY OF COUNTER STATEMENT SUBMITTED BY THE PETITIONER IN RCP NO.189/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT-1, KOZHIKODE.

Exhibit P3 A TRUE COPY OF RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

Exhibit P4 A TRUE COPY OF ORDER DATED 22/02/2020 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE DOWNLOADED FROM OFFICIAL WEBSITE OF E- COURT.

Exhibit P5 A TRUE COPY OF IA NO.1/2020 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

Exhibit P6 A TRUE COPY OF IA NO.2/2020 IN RCP NO.128/2019 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

Exhibit P7 A TRUE COPY OF ORDER DATED 01/01/2021 IN IA NO.1/2020 IN RCP NO.128/2019 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

Exhibit P8 A TRUE COPY OF IA NO.3/2021 IN RCP NO.128/2019 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

OP (RC) NO. 86 OF 2021

Exhibit P9 A TRUE COPY OF EP NO.35/2021 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

Exhibit P10 A TRUE COPY OF THE ORDER DATED 29/03/2021 IN EP NO.35/2021 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.

Exhibit P11 A TRUE COPY OF THE ORDER DATED 07/04/2021 IN EA NO.144/2021 IN EP NO. 35/2021 IN RCP NO.128/2019 ON THE FILE OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.