Smitha Shaji vs Sheeja C.S
2024 Latest Caselaw 16436 Ker

Kerala High Court

Smitha Shaji vs Sheeja C.S on 11 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

OP (RC) No.75/2024                          1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                           &
                         THE HONOURABLE MR. JUSTICE EASWARAN S.
                 Tuesday, the 11th day of June 2024 / 21st Jyaishta, 1946

                                 OP (RC) NO. 75 OF 2024

        EP 320/2024 IN RCP 197/2019 OF I ADDITIONAL MUNSIFF COURT, THRISSUR

                        RCA 41/2024 OF DISTRICT COURT, THRISSUR.

   PETITIONER(S)/ PETITIONER IN IA IN RCA/ JUDGMENT DEBTOR IN EP IN RCP:

           SMITHA SHAJI, AGED 44 YEARS, W/O KULATHATTUKUDI VEETIL SHAJI,
           KANNARA DESOM, PEECHI VILLAGE, THRISSUR TALUK, THRISSUR, PIN -
           680001

   RESPONDENT(S)/ RESPONDENT IN IA IN RCA/ DECREE HOLDER IN EP IN RCP:

           SHEEJA C.S, AGED 50 YEARS, W/O AYYAN VEETTIL PARTHASRADHI, ADIYATT
           LINE, POOTHOLE DESOM, THRISSUR VILLAGE, THALUK, THRISSUR DISTRICT,
           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 execution proceedings in pursuance to Exhibit P6 E.P
   No. 320/2024 in RCP No. 197/2019 on the files Munsiff's Court, Thrissur
   till the disposal of this Original Petition (RC), for the interest of
   justice.


        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 K.N.ABHILASH, SUNIL NAIR PALAKKAT, RISHI VARMA T.R., K.M.TINTU,
   RITHIK S.ANAND, ANU PAUL & SREELAKSHMI MENON P, Advocates for the
   petitioner, the court passed the following:

                                                                            (p.t.o)
 OP (RC) No.75/2024                               2/3

                          AMIT RAWAL & EASWARAN S, JJ.
                        -------------------------------------------------------
                                  OP (RC) No.75 of 2024
                         ----------------------------------------------------
                        Dated this the 11th day of June, 2024

                                             ORDER

Amit Rawal, J.

Inter alia alleges that against the eviction order dated 31.10.2023

in RCP No.197 of 2019, petitioner-tenant has preferred an RCA No.41

of 2024 with prayer for an interim stay. The eviction was ordered on

two grounds; arrears of rent as well as additional accommodation. As

far as arrears of rent is concerned, the same have been deposited.

However owing to filing of the caveat, the stay application is not being

taken up and is taking adjournment under the garb of taking the

possession in execution petition No. 320 of 2024. This fact was

brought to the notice of the executing court but the executing court

rejected the objection and matter is listed for handing over the

possession, today. Though the proceedings of the appellate authority

are wanting, keeping in view the urgency in the matter, we issue

notice before admission to the respondent and also seek a report from

the appellate authority with regard to the assertions made in the

petition, immediately. Post on 14.6.2024. Rent controller is directed

to keep the execution petition in abeyance.

Handover.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

11-06-2024
    sab                          /True Copy/                             Assistant Registrar
                                                        EASWARAN. S, JUDGE


                       APPENDIX OF OP (RC) 75/2024

Exhibit P6           THE TRUE COPY OF THE E.P NO. 320/2024 IN RCP NO.

197/2019 FILED UNDER ORDER 21 RULE 10 & 11 OF THE CODE OF CIVIL PROCEDURE DATED NIL BEFORE THE MUNSIFF COURT THRISSUR ALONG WITH ITS ENGLISH TRANSLATION

11-06-2024 /True Copy/ Assistant Registrar