Narayani K.T vs A.Kannan
2023 Latest Caselaw 4873 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
         Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945

                   IA 1 OF 2023 IN RCREV. NO. 86 OF 2023

     RCA NO.13/2021 OF THE RENT CONTROL APPELLATE AUTHORITY, KASARAGOD

        RCP NO.28/2015 OF THE RENT CONTROL COURT (MUNSIFF), HOSDURG

PETITIONERS/REVISION PETITIONERS:

  1. NARAYANI K.T, AGED 83 YEARS, WIFE OF LATE MOOLAKKAL KUNHIRAMAN,
     RESIDING AT ORCHA, P.O. NILESHWAR, NILESHWAR VILLAGE, HOSDURG,
     KASARGDE TALUK., PIN - 671314
  2. LEELA K.T, AGED 59 YEARS, DAUGHTER OF LATE MOOLAKKAL KUNHIRAMAN,
     RESIDING AT KOMACHI HOUSE, KASARGOD, THURUTHI POST, CHERUVATHUR
     VILLAGE, HOSDURG TALUK, KASARAGDE, PIN - 671313
  3. GEETA K.T., AGED 57 YEARS, DAUGHTER OF LATE MOOLAKKAL KUNHIRAMAN,
     RESIDING AT KOMACHI HOUSE, KASARGOD, THURUTHI POST, CHERUVATHUR
     VILLAGE, HOSDURG TALUK, KASARAGDE, PIN - 671313
  4. HARIDAS K.T, AGED 54 YEARS, DAUGHTER OF LATE MOOLAKKAL KUNHIRAMAN,
     RESIDING AT KOMACHI HOUSE, KASARGOD, THURUTHI POST, CHERUVATHUR
     VILLAGE, HOSDURG TALUK, KASARAGDE, PIN - 671313

RESPONDENT/RESPONDENT:

     A.KANNAN, AGED 62 YEARS, SON OF KUMBA AMMA KADANGOD, NELLIKKAL,
     CHERUVATHUR VILLAGE, P.O. THURUTHI, HOSDURG TALUK, KASARAGOD
     DISTRICT, PIN - 671313


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
and enforcement of the judgment dated 30.11.2022 of the court of the Rent
Control Appellate Authority (Addl. District Judge-II, Kasaragod) in RCA
No.13/2021, pending disposal of the above revision petition

     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.MURALIKRISHNAN, P.R.RAHEENA & ABRAHAM GEORGE JACOB, Advocates for
the petitioner, the court passed the following:


                                                                      (P.T.O)
                         P.B.SURESH KUMAR & SOPHY THOMAS, JJ.
                              -----------------------------------------------
                                      R.C.Rev.No.86 of 2023
                              -----------------------------------------------
                          Dated this the 13th day of April, 2023.


                                               ORDER

After having argued the matter for quite sometime,

having convinced that the arguments advanced on behalf of the

petitioners are not acceptable to the Court, the learned counsel for

the petitioners prayed for indulgence for a reasonable time to

surrender vacant possession of the building which is the subject

matter of the proceedings, to the respondent.

In the light of the said submission, registry is directed to

issue notice before admission to the respondent.

I.A.No.1 of 2023

There will be an interim order as prayed for, for a period

of two months.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

SOPHY THOMAS, JUDGE.

Mn

13-04-2023 /True Copy/ Assistant Registrar