Kerala High Court
Sasikala vs N Sasindran on 5 April, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
OP(RC) No.50 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP (RC) NO. 50 OF 2024
AGAINST THE ORDER/JUDGMENT IN E.P.NO.162 OF 2022 IN RCP NO.28 OF
2018 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/S:
SASIKALA, AGED 52 YEARS,
W/O.VIKRAMAN NAIR M.P NO 11/48,
'MANNADI KALIYAL', PARAKONAM, VELIYAMKODE P.O.,
THIRUVANANTHAPURAM, PIN - 695512
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
RESPONDENTS:
1 N SASINDRAN, AGED 61 YEARS,
S/O. NARAYANAN TC NO 22/697(2), (OLD TC 22/698)
CHEMPAKA NIVAS, AYIRANIMUTTOM P.O, MANACAUD,
THIRUVANANTHAPURAM, PIN - 695009
2 J VASANTHA, AGED 66 YEARS,
D/O BHARGAVAN, 'CHEMPAKA NIVAS' IARA-100-C1,
NEW TC70/1294 [TC 22/697 (2) (OLD TC 22/698)],
MANACAUD VILLAGE, IRANIMUTTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695009
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC) No.50 of 2024 2
JUDGMENT
Harisankar V. Menon, J.
The petitioner in RCP No.28 of 2018 on the file of the Rent
Control Court(Additional Munsiff-IV), Thiruvananthapuram, is the
petitioner in this original petition. The above Rent Control
Petition is filed seeking eviction of the 1 st respondent herein
under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease
and Rent Control) Act, 1965 (for short, the 'Act'). By an order
dated 14.12.2021 (Ext.P1), the Rent Control Court(Additional
Munsiff-IV), Thiruvananthapuram, has ordered the eviction of the
1st respondent herein under Section 11(2)(b) and 11(3) of the
Act.
2. It is seen that the 1st respondent herein had filed RCA
No.8 of 2022 before the Additional Rent Control Appellate
Authority-III, Thiruvananthapuram, and the same is dismissed
by Ext.P2 order.
3. In such circumstances, the petitioner has filed
E.P.No.162 of 2022 in RCP No.28 of 2018 before the Principal
Munsiff Court, Thiruvananthapuram, for execution of the eviction
ordered as above.
4. The 1st respondent herein has filed objections against
the above execution petition. This is followed with Ext.P5-
E.A.No.544 of 2023 in E.P.No.162 of 2022 in RCP No.28 of 2018
filed by the 2nd respondent herein, who is the wife of the 1st
respondent herein before the Principal Munsiff Court,
Thiruvananthapuram. Through this petition, the 2nd respondent
has prayed for adjudication of her alleged claim over the
scheduled property ordered to be evicted by virtue of certain
claims pending before the Principal Munsiff Court,
Thiruvananthapuram, in an original suit.
5. The grievance of the petitioner in this original petition is
that on account of the inordinate delay in disposal of Ext.P3-
E.P.No.162 of 2022 in RCP No.28 of 2018-by the Principal Munsiff
Court, Thiruvananthapuram, she is put to irreparable damages.
Therefore, it is prayed that appropriate directions may be issued
to the Principal Munsiff Court, Thiruvananthapuram or the 1 st
Additional Munsiff Court, Thiruvananthapuram who is in charge
of the Principal Munsiff Court, Thiruvananthapuram to expedite
the proceedings in Ext.P3.
6. In view of the orders that we propose to pass in this
original petition, the issue of notice to the respondents herein is
dispensed with.
7. Having heard the submissions made by the learned
counsel for the petitioner herein and having considered the
averments in the original petition, we dispose of this original
petition, without going into the merits of the matter, with the
following direction:
The Principal Munsiff Court, Thiruvananthapuram or
the 1st Additional Munsiff Court,
Thiruvananthapuram, who is in charge of the
Principal Munsiff Court, Thiruvananthapuram, to
expedite the proceedings in E.P.No.162 of 2022 in
RCP No.28 of 2018 on its files and dispose of the
same as expeditiously as possible, at any rate,
within a period of three months from the date of
production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
ln
APPENDIX OF OP (RC) 50/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 14.12.2021 IN RCP
28 OF 2018 ON THE FILES OF THE HONORABLE RENT
CONTROL COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 21.01.2023 IN RCA
08 OF 2022 ON THE FILES OF THE HONORABLE RENT
CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE E.P NO.162 OF 2022 IN RCP 28 OF
2018 ON THE FILES OF THE PRINCIPAL MUNSIFF'S
COURT THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 17.06.2023
FILED BY THE 1ST RESPONDENT TO E.P NO.162 OF
2022 IN RCP 28 OF 2018 ON THE FILES OF THE
PRINCIPAL MUNSIFF'S COURT THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE EXECUTION APPLICATION DATED
21.08.2023 FILED BY THE 2ND RESPONDENT AS E.A
OF 2018 ON THE FILES OF THE PRINCIPAL MUNSIFF'S
COURT THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
09.10.2023 FILED BY THE PETITIONER IN E.A NO.544
OF 2023 IN E.P NO.162 OF 2022 IN RCP 28 OF 2018
ON THE FILES OF THE PRINCIPAL MUNSIFF'S COURT
THIRUVANANTHAPURAM.
EXHIBIT P7 TRUE COPY OF THE PRINTOUT OF THE CASE STATUS
PERTAINING TO E.P NO.162 OF 2022 IN RCP 28 OF
2018 ON THE FILES OF THE PRINCIPAL MUNSIFF'S
COURT THIRUVANANTHAPURAM OBTAINED FROM E-COURTS
WEB SITE.
