Paul Thomas vs Mangalodayam Pvt. Ltd
2023 Latest Caselaw 13747 Ker

Kerala High Court

Paul Thomas vs Mangalodayam Pvt. Ltd on 26 December, 2023

Author: P Gopinath

Bench: P Gopinath

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                  PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.
                                    &
                   THE HONOURABLE MR. JUSTICE G.GIRISH
         Tuesday, the 26th day of December 2023 / 5th Pousha, 1945
                          OP (RC) NO. 232 OF 2023

     EP 1191/2023 IN RCP 6/2021 OF PRINCIPAL MUNSIFF COURT, THRISSUR.

PETITIONER(S)/ JUDGMENT DEBTOR/ RESPONDENT:

     PAUL THOMAS, AGED 62 YEARS, S/O. THOMAS, MUTTICHUKKARAN HOUSE,
     MISSION QUARTERS, CHEMBUKAV VILLAGE, THRISSUR TALUK, THRISSUR
     DISTRICT, NOW RESIDING AT 17A, JAIN CHARING CROSS, KK ROAD, KALOOR,
     ERNAKULAM, PIN - 682017

RESPONDENT(S)/ DECREE HOLDER/ PETITIONER:

     MANGALODAYAM PVT. LTD, ROUND SOUTH, THRISSUR REP. BY ITS MANAGING
     DIRECTOR A.C. CHUMMAR. S/O CHAKKU, AKKARA HOUSE, OLLUR, THRISSUR
     TALUK., PIN - 680001


     OP (Rent Control) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (RC) the High Court be
pleased to stay all further proceedings in EP No. 1191/2023 on the files
of the Principal Munsiff Court, Thrissur in RCP No. 6/2021, till the
disposal of the original petition.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (RC) and upon hearing the arguments
of M/S R.PADMARAJ, JOMY GEORGE, SAJEEVAN V.T, CHITRA N. DAS, RONA ANN SIBY
& ASWIN ASHOK V, Advocates for the petitioner, the court passed the
following:


                                                                     [PTO]
               GOPINATH P & G.GIRISH., JJ.
                ================
                   O.P.(RC) No.232 of 2023
                   =================

       Dated this the 26th day of December, 2023.


                           ORDER

GOPINATH P, J.

Learned counsel appearing for the petitioner would

submit that the order of the Rent Control Court, Thrissur in

R.C.P. No.6 of 2021 has become final and no appeal had been

filed against the order. It is submitted that the petitioner

only requires some time to vacate from the premises. It is

submitted that the petitioner is conducting a textile business

in the premises in question and he only needs a reasonable

time to dispose of his stock and hand over vacant possession

of the building.

2. Though the learned counsel appearing for the

petitioner submitted that the petitioner is requesting for six

months time to vacate the premises, we are of the opinion

that six months time cannot be granted to the petitioner.

However, we are of the opinion that some reasonable time

can be given to the petitioner to vacate the premises.

Therefore, issue notice by speed post to the respondent.

The petitioner shall file an affidavit by 03.01.2024

before this Court undertaking to vacate the premises within

a reasonable time (not later than 31.03.2024), which will be

required for disposing of the stock of textile items kept in

the premises.

In order to consider the request for time to vacate the

premises, list this matter for consideration on 04.01.2024.

Status quo as on today shall be maintained till

04.01.2024.

Sd/-

GOPINATH P. JUDGE

Sd/-

G.GIRISH JUDGE ajt

26-12-2023 /True Copy/ Assistant Registrar