Ashraf C.K vs Ummer Puthiyarambath
2023 Latest Caselaw 1268 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                            &
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA,
                          1944
                 OP (RC) NO. 13 OF 2023
   EP 164/2022 OF THE RENT CONTROL COURT, THALIPARAMBA


PETITIONER/RESPONDENT IN RCP/APPELLANT IN RCA:

         ASHRAF C.K., AGED 53 YEARS
         S/O KAMAL KUTTY HAJI, K.V.K TRADERS, UMMER
         SQUARE, OPPOSITE BOMBAY GLASS MART, MAIN ROAD,
         TALIPARAMBA P.O, TALIPARAMBA AMSOM, TALIPARAMBA
         TALUK, KANNUR, PIN - 670141

         BY ADV MANAS P HAMEED



RESPONDENT/PETITIONER IN RCP/RESPONDENT IN RCA:

         UMMER PUTHIYARAMBATH, AGED 62 YEARS
         S/O ABDUL KHADER, NEAR RIFAYI JUMA MASJID, 7TH
         MILE, TALIPARAMBA P.O, TALIPARAMBA AMSOM DESOM,
         TALIPARAMBA TALUK, KANNUR, PIN - 670141


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(RC) No.13/2023

                                ..2..




                              JUDGMENT

A. MUHAMED MUSTAQUE, J.

The petitioner is the respondent/tenant in RCP

No.35/2019 on the file of the Rent Control

Court, Taliparamba.

2. An order of eviction was passed under Section

11(2) of the Kerala Buildings (Lease & Rent

Control) Act, 1965, against which the revision

petitioner/tenant filed RCA No.75/2022 on the

file of the Rent Control Appellate Authority,

Thalassery along with applications to condone

delay and for stay. In the meanwhile, the

landlord filed an application to execute the

order. Apprehending execution before the rent

control appeal is being considered, the

petitioner had approached this Court; and this

Court, in OP(RC) No.230/2022, directed the

Rent Control Appellate Authority to consider

and pass orders on the applications to condone OP(RC) No.13/2023

..3..

the delay and for stay, and till then,

execution proceedings were ordered to be kept

in abeyance.

3. The judgment in OP(RC) No.230/2022 was passed

on 01.12.2022. However, delivery was effected

on 08.12.2022. Thereupon, the revision

petitioner/tenant filed an application to take

action against the Amin. The court below

dismissed the application, noting that no

illegality has been committed by the Amin as

he acted upon the order of the court. It was

specifically noted that the revision

petitioner/tenant failed to move the court for

advance hearing of the case and to bring to

the notice of the court the order passed by

this Court.

4. We also find no reason to interfere with the

matter. However, nothing prevents the

petitioner from moving restitution application

in accordance with law. The application OP(RC) No.13/2023

..4..

produced as Ext.P5 shall be considered by the

court below after notice to both parties

within a period of four weeks from today.

The OP(RC) is disposed of, accordingly.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

OP(RC) No.13/2023

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APPENDIX OF OP (RC) 13/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF JUDGMENT DATED 01.02.2022 PASSED BY THIS HONOURABLE COURT IN O.P.(RC)NO.230 OF 2022

Exhibit P2 CERTIFIED COPY OF AFFIDAVIT DATED 02.12.2022 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, TALIPARAMBA IN E.P.NO.164/2022

Exhibit P3 TRUE COPY OF AFFIDAVIT AND PETITION DATED 08.12.2022 IN E.A.NO.2 OF 2022 IN E.P.NO.164 OF 2022 BEFORE THE MUNSIFF COURT, TALIPARAMBA

Exhibit P4 CERTIFIED COPY OF ORDER DATED 17.12.2022 IN E.P.NO.2 OF 2022 IN E.P.NO.164 OF 2022 PASSED BY THE MUNSIFF COURT, TALIPARAMBA

Exhibit P5 TRUE COPY OF AFFIDAVIT AND PETITION IN E.A.NO.9/2023 IN E.P.NO.164/2022 ON THE FILE OF THE MUNSIFF COURT, TALIPARAMBA