D. Dileep Kumar vs Sooraj N
2022 Latest Caselaw 7760 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                   &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      O.P.(RC) NO. 117 OF 2022
 SPEEDY DISPOSAL OF R.C.P.NO.8 OF 2021 OF THE RENT CONTROL
                  COURT (MUNSIFF), NORTH PARAVUR
PETITIONER:

         D. DILEEP KUMAR
         AGED 35 YEARS
         PANAVILLIL (JYOTHI) VEETTIL, PARAVOOTHARA,
         PARAVUR VILLAGE, PARAVUR TALUK,
         ERNAKULAM DISTRICT, PIN - 683513.
         BY ADV P.K.SAJEEV


RESPONDENT:

         SOORAJ N.,
         AGED 49 YEARS, S/O. NANAPPAN, NANDANAM VEETTIL,
         CHERIYAPALLAMTHURUTHU, PARAVUR VILLAGE,
         PARAVUR TALUK,
         ERNAKULAM DISTRICT, PIN - 683513.

     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.06.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                      2
O.P.(RC) No.117 of 2022


                               JUDGMENT

Ajithkumar, J.

The respondent-tenant in R.C.P.No.13 of 2019 before the

Rent Control Court (Munsiff), North Paravur is the petitioner.

The respondent-landlord filed the rent control petition seeking

eviction under Section 11(2)(b) and 11(3) of the Kerala

Buildings (Lease and Rent Control) Act, 1965. In that rent

control petition, the respondent filed a petition under Section

12 of the Act, wherein the Rent Control Court passed an order

under Section 12(3) of the Act, copy of which is Ext.P7. An

appeal filed by the petitioner challenging the said order, under

Section 18(1)(b) of the Act, is pending consideration before

the Appellate Authority (Additional District Judge), North

Paravur as R.C.A.No.8 of 2021. In the meantime, proceedings

for execution of the order of eviction is being taken out in

E.P.No.79 of 2021. The petitioner, in the above circumstances,

filed this Original Petition invoking Article 227 of the

Constitution of India seeking an order directing the Execution

Court (Munsiff), North Paravur, to keep the execution

O.P.(RC) No.117 of 2022

proceedings in E.P.No.79 of 2021 in R.C.P.No.13 of 2019 in

abeyance till the final disposal of R.C.A.No.5 of 2021 and

R.C.A.No.8 of 2021.

2. Heard the learned counsel appearing for the

petitioner. Considering the nature of relief proposed to be

granted, notice to the respondent is dispensed with.

3. Ext.P3 is a copy of I.A.No.1 of 2020 in R.C.P.No.13

of 2019 filed by the respondent under Section 12 of the Act.

In that application, the Rent Control Court as per Ext.P5 order

directed the petitioner to deposit the arrears of rent admitted

to be due and continue to pay the rent for the subsequent

months. The petitioner filed R.C.A.No.5 of 2021 before the

Appellate Authority challenging the said order. While so,

Ext.P7 order under Section 12(3) of the Act was passed by

the Rent Control Court. Challenging that order, the petitioner

has filed Ext.P8 appeal, R.C.A.No.8 of 2021. The petitioner

also filed I.A.No.1 of 2021 seeking to stay the proceedings in

the execution petition.

O.P.(RC) No.117 of 2022

4. The grievance of the petitioner is that pending

consideration of the appeals and also the petition for stay, the

Execution Court is proceeding with the petition for execution

of the order of eviction in R.C.P.No.13 of 2019. The learned

counsel appearing for the petitioner would submit that if

delivery is effected before considering the appeals, the

petitioner would be put to irreparable injury and loss.

Therefore, a time bound disposal of the appeals are highly

essential.

5. R.C.A.No.5 of 2021 was filed by the petitioner

challenging Ext.P5 order, which is one issued by the Rent

Control Court under Section 12(1) of the Act. An order under

Section 12(1) of the Act is not appealable. However, when the

Rent Control Court subsequently passed an order under

Section 12(3) of the Act, Ext.P7, challenging the legality of

that order, the petitioner filed R.C.A.No.8 of 2021. Since the

petitioner has right to appeal against Ext.P7 order, under

Section 18(1)(b) of the Act, it is only appropriate not to

execute the impugned order till the appeal is disposed of.

O.P.(RC) No.117 of 2022

6. In the above circumstances, we are of the view

that there shall be a direction to the Appellate Authority to

dispose of R.C.A.No.8 of 2021 within a time frame. Hence, we

dispose of this original petition directing the Rent Control

Appellate Authority (Additional District Judge), North Paravur

to dispose of R.C.A.No.8 of 2021 pending before that court

within a period of one month from the date of production of a

certified copy of this judgment. In the meantime, the

Execution Court (Munsiff), North Paravur, will keep in

abeyance the proceedings in E.P.No.79 of 2021 in R.C.P.No.13

of 2019.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr