Shyamala vs Geetha Sukumar
2022 Latest Caselaw 586 Ker

Citation : 2022 Latest Caselaw 586 Ker
Judgement Date : 14 January, 2022

Kerala High Court

Shyamala vs Geetha Sukumar on 14 January, 2022

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          Friday, the 14th day of January 2022 / 24th Pousha, 1943

                  IA.NO.1/2021 IN RCREV. NO. 370 OF 2019

  EP 3/2020 IN R.C.P NO.31 OF 2013 OF THE RENT CONTROL COURT, CHERTHALA

  R.C.A NO.13 OF 2018 OF THE RENT CONTROL APPELLATE AUTHORITY, ALAPPUZHA

PETITIONERS/REVISION PETITIONERS:

  1. SHYAMALA, AGED 76 YEARS, W/O.RAJAPPAN, RESIDING AT RAJ BHAVAN, HOUSE
     NO.61, MAYITHARA P.O., WARD-12, CHERTHALA SOUTH PANCHAYAT, CHERTHALA
     TALUK, ALAPPUZHA DISTRICT-688539.
  2. THOMAS JOSEPH @ REJI, AGED 55 YEARS, S/O.KOSHY JOSEPH, RESIDING AT
     LEMON VILLA, NEAR PARADISE THEATRE, CHERTHALA NORTH VILLAGE,
     CHERTHALA TALUK, ALAPPUZHA DISTRICT-688524.
  3. JANCY THOMAS, AGED 49 YEARS, W/O.THOMAS JOSEPH, RESIDING AT LEMON
     VILLA, NEAR PARADISE THEATRE, CHERTHALA NORTH VILLAGE, CHERTHALA
     TALUK, ALAPPUZHA DISTRICT-688524.



   RESPONDENTS/RESPONDENTS:


  1. GEETHA SUKUMAR, AGED 64 YEARS, W/O.SUKUMAR, RESIDING AT
     KIZHAKKEDATHU VEETTIL, CMC - IV, CHERTHALA NORTH MURI, CHERTHALA
     TALUK, ALAPPUZHA DISTRICT-688524.
  2. DR.LEKSHMI SUKUMAR, D/O.GEETHA SUKUMAR, RESIDING AT KIZHAKKEDATHU
     VEETTIL, NO.210, WARD NO.10, CMC, CHERTHALA NORTH MURI, CHERTHALA
     TALUK, ALAPPUZHA -688524.
  3. PARVATHY SUKUMAR, D/O.GEETHA SUKUMAR, RESIDING AT KIZHAKKEDATHU
     VEETTIL, WARD NO.10, CMC, CHERTHALA NORTH MURI, CHERTHALA TALUK,
     ALAPPUZHA DISTRICT -688524.


     Application praying that in the        circumstances stated in the
affidavit filed therewith the High Court    be pleased to pass an order to
stay all execution proceedings in EP No.3   of 2020 in R.C.P No.31 of 2013
of the Rent Control Court/Munsiff court,    Cherthala, pending disposal of
this Rent Control Revision.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.R.AZAD BABU & REJITHA RAJAN, Advocates for the petitioners and of
Mr.C.H CHANDRABHANU, Advocate for the respondents 1 & 2, the court passed
the following:
        ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
         .................................................................
          I.A.No.1 of 2021 in R.C.R. No.370 of 2019
         [Arising out of judgment dated 02.07.2019 in R.C.A. No.13 of 2018 of
           Rent Control Appellate Authority, Alappuzha, arising from order
       dated 14.03.2018 in R.C.P.No.31 of 2013 of Rent Control Court, Cherthala]
           .................................................................
                 Dated this the 14th day of January, 2022

                                     ORDER

Sri.R.Azad Babu, learned Advocate instructed by

Sri.P.C.Chacko, the learned counsel appearing for the applicants in

the I.A./petitioners in the R.C.R. urges that since the execution

petition is now posted before the execution court concerned

tomorrow, this Court may grant interim stay of further

proceedings, etc. The plea for interim stay is strongly opposed by

Sri.C.H.Chandrabhanu, learned Advocate appearing for the

respondents. The regular Bench is not in a position to sit today.

2. Having regard to the facts and circumstances of the case

and solely for the purpose of preservation and protection of the

subject matter of the lis and without getting into the merits of the

controversies in any manner, it is ordered in the interest of justice