Kerala High Court
Automates vs Biju Philip on 31 May, 2022
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 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
O.P.(RC) NO. 104 OF 2022
AGAINST THE ORDER DATED 23.05.2022 IN E.A.NO.226 OF 2022
IN E.P.NO.241 OF 2021 IN R.C.P.NO.20 OF 2021 OF PRINCIPAL
MUNSIFF COURT, ERNAKULAM
PETITIONERS:
1 M/S AUTOMATES, A PARTNERSHIP HAVING ITS OFFICE
AT KATTAKATH BUILDING, EDAVILANGU. P.O.,
KODUNGALLUR, PIN-680 671, REPRESENTED BY ITS
PARTNER MOHAMMED MOOSAN, S/O. KOCHUNNY, AGED 62
YEARS, KATTAKATH HOUSE, EDAVILANGU.P.O.,
KODUNGALLUR, THRISSUR, PIN - 680671.
2 MOHAMMED MOOSAN
AGED 62 YEARS, SON OF KOCHUNNY, RESIDING AT
KATTAKATH HOUSE, EDAVILANGU.P.O., KODUNGALLUR,
THRISSUR, PIN - 680671.
BY ADVS.
P.VISHNU PRASAD
T.S.ATHIRA
RESPONDENTS:
1 BIJU PHILIP
AGED 53 YEARS, S/O K.P.PHILIP,
HOUSE NO.34/2232 A, POTTAKKUZHI ROAD,
MAMANGALAM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR
TALUK, KOCHI-682 025, REPRESENTED BY POWER OF
ATTORNEY HOLDER, BROTHER-IN-LAW JUBY VARUGHESE,
AGED 50 YEARS, S/O.M.M.VARUGHESE, RESIDING AT
32/2505 A6, PRB RESIDENCY, P.J.ANTONY ROAD,
PALARIVATTOM.P.O, PIN - 682025.
2
O.P.(RC) No.104 of 2022
2 JUBY VARUGHESE
AGED 50 YEARS, SON OF M.M.VARUGHESE
RESIDING AT 32/2505 A6, PRB RESIDENCY,
P.J.ANTONY ROAD, PALARIVATTOM.P.O, PIN -
682025.
3 ROSAMMA PHILIP,
AGED 75 YEARS, WIFE OF K.P.PHILIP
RESIDING AT HOUSE NO.34/2232 A, POTTAKKUZHI
ROAD, MAMANGALAM, EDAPPALLY SOUTH VILLAGE,
KANAYANNUR TALUK, PIN - 682025.
4 JENIN JUBY VARUGHESE,
AGED 21 YEARS, SON OF JUBY VARUGHESE
RESIDING AT 32/2505 A6, PRB RESIDENCY,
P.J.ANTONY ROAD, PALARIVATTOM.P.O, PIN -
682025.
5 ARYA MENON,
AGED 29 YEARS, DAUGHTER OF KRISHNA PILLAI
PRADEEP,
RESIDING AT KOVILAKAM HOUSE, MEENCHIRA ROAD,
PONEKKARA, AIMS.P.O, PIN - 682041.
BY ADV MATHEW KURIAKOSE
THIS OP (RENT CONTROL) HAVING COME UP FOR FINAL
HEARING ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
O.P.(RC) No.104 of 2022
JUDGMENT
Ajithkumar, J.
This Original Petition under Article 227 of the
Constitution of India is filed by the judgment debtors-tenants
in E.P.No.241 of 2021 in R.C.P.No.20 of 2021 on the file of
the Principal Munsiff's Court (Execution Court), Ernakulam.
They seek to direct the Execution Court to issue a certified
copy of the order in E.A.Nos.226 and 204 of 2022, which was
pronounced on 23.05.2022. A further direction to stay the
execution proceedings in E.P.No.241 of 2021 in R.C.P.No.20
of 2021 till the disposal of I.A.No.7 of 2022 in R.C.P.No.20 of
2021 (Ext.P4), which is the application filed by them seeking
to set aside the exparte order of eviction in R.C.P.No.20 of
2021 is also sought.
2. On 25.05.2022, when this matter came up for
consideration, this Court issued notice to the respondents
and directed the Execution Court to defer delivery of the
petition schedule shop room, in case the same has not
already been delivered over to the respondents-decree
O.P.(RC) No.104 of 2022
holders. A report from the Rent Control Court was also
called for.
3. Heard the learned counsel appearing for the
petitioners and also the learned counsel appearing for the
respondents.
4. Perused the report submitted by the I Additional
Munsiff, who is in charge of the Rent Control Court,
Ernakulam. It is reported that I.A.No.7 of 2022 in
R.C.P.No.20 of 2021 was filed by the petitioners herein to set
aside the exparte order dated 12.10.2021 and also another
application, I.A.No.3 of 2022 for stay of execution of the said
exparte order till the disposal of I.A.No.7 of 2022.
5. During the course of argument, on 30.05.2022 the
learned counsel appearing for the respondents-landlords
pointed out that the petitioners had defaulted payment of
monthly rent for the last two years and the rent in arrears
would come to Rs.9,60,000/-.
6. The learned counsel appearing for the petitioners
would submit that petitioners already had deposited an
O.P.(RC) No.104 of 2022
amount of Rs.80,000/- in the Rent Control Court and they
would be soon depositing the balance. It is further submitted
that the execution petition is posted to 10.06.2022 for
further steps.
7. I.A.No.7 of 2022, which was filed seeking to set
aside the exparte order dated 12.10.2021, and also another
application filed by the petitioners-tenants to stay the
execution proceedings till the disposal of I.A.No.7 of 2022
are yet to be considered. If delivery of the tenanted premises
is effected in the meantime, it would cause prejudice to the
petitioners. Hence, it is only appropriate to direct the Rent
Control Court to dispose of I.A.Nos.3 and 7 of 2022, without
any further delay. The Rent Control Court submitted in his
report that I.A.No.7 of 2022 itself could be disposed on
02.06.2022 to which the date the same stands posted.
8. In the above circumstances, we dispose of this
Original petition directing the Rent Control Court to dispose
of both I.A.Nos.3 and 7 of 2022 on 02.06.2022 itself. The
Rent Control Court, on the disposal of the interlocutory
O.P.(RC) No.104 of 2022
applications, shall give a certified copy of the orders, if
applied for, by any of the parties, within two days from the
date of that order.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.104 of 2022
APPENDIX OF OP (RC) 104/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION, DATED,
13.01.2021 IN R.C.P NO.20/2021 ON THE
FILE OF THE RENT CONTROL COURT,
ERNAKULAM
Exhibit P2 TRUE COPY OF THE ORDER, DATED,
12.10.2021IN R.C.P NO.20/2021 ON THE
FILE OF THE RENT CONTROL COURT,
ERNAKULAM
Exhibit P3 TRUE COPY OF EXECUTION PETITION,
DATED, 15.11.2021 IN E.P NO.241/2021
IN R.C.P NO.20/2021 ON THE FILE OF THE
PRINCIPAL MUNSIFF COURT, ERNAKULAM
Exhibit P4 TRUE COPY OF THE PETITION, FILED ON
25.01.2022 IN I.A NO.7/2022, IN R.C.P
NO.20/2021 ON THE FILE OF THE RENT
CONTROL COURT, ERNAKULAM
Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED ON 07.02.2022 IN I.A NO.7/2022,
IN R.C.P NO.20/2021 ON THE FILE OF THE
RENT CONTROL COURT, ERNAKULAM
Exhibit P6 TRUE COPY OF THE E.A 160/2022 IN E.P
NO.241/2021 IN R.C.P NO.20/2021 ON THE
FILE OF THE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
25.03.2022 IN OP(RC) NO.77/2022 ON THE
FILE OF THE HONOURABLE HIGH COURT OF
KERALA
Exhibit P8 TRUE COPY OF THE E.A 170/2022 IN E.P
NO.241/2021 IN R.C.P NO.20/2021 ON THE
O.P.(RC) No.104 of 2022
FILE OF THE PRINCIPAL MUNSIFF COURT,
ERNAKULAM, DATED, 25.03.2022
Exhibit P9 TRUE COPY OF THE COUNTER FILED BY THE
PETITIONER DATED 17.05.2022 IN E.A
170/2022 IN E.P NO.241/2021 IN R.C.P
NO.20/2021 ON THE FILE OF THE
PRINCIPAL MUNSIFF COURT, ERNAKULAM
Exhibit P10 TRUE COPY OF THE E.A 204/2022 IN E.P
NO.241/2021 IN R.C.P NO.20/2021 ON THE
FILE OF THE PRINCIPAL MUNSIFF COURT,
ERNAKULAM, DATED, 31.03.2022
Exhibit P11 TRUE COPY OF THE E.A 226/2022 IN E.P
NO.241/2021 IN R.C.P NO.20/2021 ON THE
FILE OF THE PRINCIPAL MUNSIFF COURT,
ERNAKULAM, DATED, 23.05.2022
Exhibit P12 TRUE COPY OF THE PROCEEDINGS NOTE OF
23.05.2022 PUBLISHED IN THE ECOURTS
SERVICES MOBILE APPLICATION.
