Kerala High Court
Baburaj vs Valsa Thomas on 17 June, 2022
OP (RC) No.96/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
IA.NO.2/2022 IN OP (RC) NO. 96 OF 2022
RCA 102906/2022(FILING No.) OF THE DISTRICT COURT (RENT CONTROL APPELLATE
AUTHORITY), THRISSUR.
RCP 80/2020 OF RENT CONTROL COURT, THRISSUR
PETITIONER/ PETITIONER
BABURAJ, S/O MONGADI VEETTIL KRISHNAN, MONGADI HOUSE, EDASSERY,
THALIKULAM VILLAGE, CHAVAKKAD, THRISSUR, PIN - 680569
RESPONDENT/ RESPONDENT:
VALSA THOMAS, W/O THARAKAN VEETTIL THOMAS, THARAKAN HOUSE,
ARANATTUKARA, TRRISSUR, PIN - 680618
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant 4 weeks time
more to petitioner to comply with the judgment dated 04-05-2022 in OP(RC)
No. 96/2022, in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's final order
dated 04-05-2022 and upon hearing the arguments of Sri. I.DINESH MENON,
Advocate for the petitioner and of M/S T.M.CHANDRAN & S.SUJITH, Advocates
for the respondent, the court passed the following:
[PTO]
OP (RC) No.96/2022 2/4
DEVAN RAMACHANDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
I.A.No.2 of 2022
in
O.P.(RC) No.96 of 2022
-----------------------------------------------------------
Dated this the 17th day of June, 2022
ORDER
Ajithkumar, J.
As per the judgment dated 04.05.2022, this Court directed
the Rent Control Appellate Authority (District Judge), Thrissur, to
dispose of Ext.P9 application within a period of three weeks from
the date of reopening of the courts after summer recess. It was
further directed that the proceedings in E.P.No.1381 of 2021
pending before the Execution Court (Principal Munsiff), Thrissur,
would be deferred subject to the condition of deposit of
Rs.1,50,000/- towards arrears of rent by the petitioner.
Now, the petitioner has filed I.A.No.2 of 2022 seeking four
weeks' more time for the deposit of the said amount.
Heard the learned counsel appearing for the petitioner and
also the learned counsel appearing for the respondent.
Taking into account the reasons stated for seeking
extension of time and the submissions of the learned counsel on
OP (RC) No.96/2022 3/4
I.A.No.2 of 2022in
O.P.(RC) No.96 of 2022
either side, we deem it appropriate to grant one week time
from the date of receipt of a certified copy of this order to
make deposit of Rs.1,50,000/- as per the directions in the
judgment dated 04.05.2022. We make it clear that in the
event of the failure to comply with the said condition by the
petitioner, the Execution Court is free to proceed with the
execution proceedings and order delivery.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
17-06-2022 /True Copy/ Assistant Registrar
OP (RC) No.96/2022 4/4
APPENDIX OF OP (RC) 96/2022
Exhibit P9 TRUE COPY OF THE RENT CONTROL APPEAL PREFFERRED BY
PETITIONER DATED 14.4.2022 ALONG WITH STAY PETITION AND
DELAY PETITION.
