Kerala High Court
Mandiyan Moideen Kunhi vs P.T.Karunakaran Nambiar on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
O.P.(RC) NO.33 OF 2018
R.C.A.NO.209 OF 2017 OF THE RENT CONTROL APPELLATE AUTHORITY
(ADDITIONAL DISTRICT JUDGE - IV), KOZHIKODE ARISING OUT OF ORDER
DATED 07.04.2017 IN I.A.NO.1248 OF 2015 IN R.C.P.NO.80 OF 2010 OF THE
RENT CONTORL COURT (ADDITIONAL MUNSIFF - I), KOZHIKODE.
E.P.NO.142 OF 2017 IN R.C.P.NO.80 OF 2010 OF THE ADDITIONAL MUNISIFF
COURT - I, KOZHIKODE.
PETITIONER/S:
1 MANDIYAN MOIDEEN KUNHI,
AGED 69 YEARS, S/O. KAIVALAPPIL AHAMMAD,
MANDIYAN HOUSE, KOOLIKKADU ROAD,
P.O. CHITTARI,
KANHAGAD, KASARGOD DISTRICT - 671 326.
2 C.B ABDULLA,
AGED 59 YEARS,
S/O. ABDUL KHADER,
SALAMATH MANZIL,
P.O.CHITTARIM, HOSDURG,
KASARGOD DISTRICT - 671326.
BY ADV SRI.M.S.IMTHIYAZ AHAMMED
RESPONDENT/S:
1 P.T.KARUNAKARAN NAMBIAR,
AGED 55 YEARS,
S/O. M.P KARUNAKARAN NAMBIAR, ARCHITECT,
6/7 THALAPPU HOUSING COLONY,
P.O. KANNUR,
KANNUR DISTRICT - 670 001.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC) NO.33 OF 2018
2
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the appellant in R.C.A. No.209 of
2017 on the file of the Rent Control Appellate Authority (IV th
Additional District Judge), Kozhikode, arising out of the order of
the Rent Control Court (Munsiff - I) in I.A. No.1248 of 2015 in
R.C.P. No.80 of 2010, has filed this original petition under
Article 227 of the Constitution of India, seeking an order
directing the Rent Control Appellate Authority to hear and
dispose of R.C.A. No.209 of 2017 and the accompanying stay
petition on merits, at the earliest. The further relief sought for is
an order directing the Additional Munsiff Court - I, Kozhikode to
keep in abeyance all further proceedings in E.P. No.142 of 2017,
till the final disposal of R.C.A. No.209 of 2017, on the file of the
Rent Control Appellate Authority.
2. On 19.03.2018, when this original petition came up
for admission, this Court admitted the matter on file and issued
notice to the respondent, returnable within ten days. This Court
O.P.(RC) NO.33 OF 2018
granted an interim order staying all further proceedings in E.P.
No.142 of 2017 in R.C.P. No.80 of 2010, for a period of four
months. Thereafter, this original petition was never brought out
for extension of stay.
3. Today, when this original petition is taken up for
consideration, the learned counsel for the petitioners seeks time
to get instructions.
4. R.C.A. No.209 of 2017 has already been disposed of
by the judgment of the Rent Control Appellate Authority dated
27.07.2018. Registry to incorporate an online copy of that
judgment in the Judge's Papers of this original petition.
5. Since the only relief sought for in this original petition,
which is one filed invoking the supervisory jurisdiction under
Article 227 of the Constitution of India, is time bound
consideration of R.C.A. No.209 of 2017 and the accompanying
stay petition and also to keep in abeyance further proceedings
in the execution petition till the disposal of that appeal, the
petitioner is not entitled for any relief in this original petition,
O.P.(RC) NO.33 OF 2018
after the disposal of that appeal by the judgment of the Rent
Control Appellate Authority dated 27.07.2018.
In such circumstances, this original petition fails and the
same is dismissed for the aforesaid reason.
Sd/-
ANIL K. NARENDRAN,
JUDGE
Sd/-
K. BABU,
JUDGE
MIN
O.P.(RC) NO.33 OF 2018
APPENDIX OF O.P.(RC) NO.33 OF 2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY RENT
CONTROL COURT IN I.A NO. 1248/2018 IN
R.C.P NO.80/2010 DATED 07.04.2017.
EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM IN
R.C.A NO.209/2017 DATED 25.09.2017.
EXHIBIT P3 TRUE COPY OF I.A. NO.60/2018 R.C.A
NO.209/2017.
EXHIBIT P4 TRUE COPY OF E.PNO.142/2017 IN R.C.P
NO.80/2010 DATED 31.07.2017.
EXHIBIT P5 TRUE COPY OF COUNTER STATEMENT FILED BY
THE PETITIONER DATED 21.12.2017.
EXHIBIT P6 AFFIDAVIT FILED FOR ADVANCING THE HEARING
OF EXHIBIT P3.
