Kerala High Court
Rajan (Died) vs Abdul Rasaq on 24 May, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
OP (RC) NO. 52 OF 2024
AGAINST THE ORDER IN RCA NO.148 OF 2016 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR ARISING OUT OF THE JUDGMENT DATED
10.06.2016 IN RCP NO.22 OF 2013 OF MUNSIFF COURT,CHAVAKKAD
PETITIONER(S)APPELLANTS/RESPONDENT:
1 RAJAN (DIED)
AGED 62 YEARS
S/O APPU, PUTHUPARAMBIL HOUSE, MUTHUVATTOOR DESOM,
GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680506
2 THANKA RAJAN
AGED 66 YEARS
W/O RAJAN (LATE), PUTHUPARAMBIL HOUSE, MUTHUVATTOOR
DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD
TALUK, THRISSUR DISTRICT, PIN - 680506
3 BIJU P.R
AGED 48 YEARS
D/O RAJAN (LATE), PUTHUPARAMBIL HOUSE, MUTHUVATTOOR
DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD
TALUK, THRISSUR DISTRICT, PIN - 680506
4 VINOD P.R
AGED 45 YEARS
S/O RAJAN (LATE), PUTHUPARAMBIL HOUSE, MUTHUVATTOOR
DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD P.O., CHAVAKKAD
TALUK, THRISSUR DISTRICT, PIN - 680506
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
OP (RC) NO. 52 OF 2024
2
RESPONDENT(S)/RESPONDENT/PETITIONER:
ABDUL RASAQ
AGED 55 YEARS
S/O SAITHALIKUTTY HAJI, POKKAKKILATH HOUSE,
MUTHUVATTOOR DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD
P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN -
680506
BY ADVS.
K.J.MOHAMMED ANZAR
P.K.MINIMOLE(K/1604/1995)
A.RADHAKRISHNAN NAIR(K/354/2006)
BAPPU GALIB SALAM(K/001594/2021)
MUHAMMED ASHIQUE(K/001818/2021)
THIS OP (RENT CONTROL) HAVING COME UP FOR HEARING ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 52 OF 2024
3
JUDGMENT
1st petitioner herein was the respondent before the rent control
court in RCP No.22/2013. Appeal bearing RCA No.148 of 2016 is
stated to be pending. The grievance as espoused in the present
petition is that during the pendency of the appeal, the tenant had
died and six (6) applications for abatement, condonation of delay
and bringing on record the LRs are pending consideration (Exts.P4
to P9).
2. Learned counsel appearing on behalf of the respondent
has put in appearance and submits that in order to prevent further
delay of adjudication of the pending appeal, there is no objection in
case six applications are decided in accordance with law, in a time
bound manner.
3. Without expressing any opinion on the merits of the
matter, we dispose of the petition by issuing directions to the
appellate authority to decide Exts.P4 to P9 applications along with
the pending appeal, as expeditiously as possible, in accordance with
law within a period of two months from the date of receipt of a copy
of this judgment.
4. At this stage, learned counsel for the petitioners
OP (RC) NO. 52 OF 2024
submitted that this Court while issuing notice had granted the
interim stay but they did not produce the interim stay before the
appellate authority and vide order dated 18.5.2024 delivery has
been ordered. It is made clear that till the disposal of the appeal,
dispossession of the petitioner, tenant shall remain stayed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab EASWARAN S.
JUDGE
OP (RC) NO. 52 OF 2024
APPENDIX OF OP (RC) 52/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 10.06.2016 IN
RCP NO. 22/2013 ON THE FILES OF MUNSIFF COURT,
CHAVAKKAD (RENT CONTROL COURT)
Exhibit P2 THE TRUE COPY OF THE MEMORANDUM OF APPEAL IN RCA
NO. 148/2016 ON THE FILES OF RENT CONTROL APPELLATE
AUTHORITY, THRISSUR
Exhibit P3 THE TRUE COPY OF PETITION IN EP NO. 801/2016 IN RCP
NO. 22/2013 ON THE FILES OF MUNSIFF COURT,
CHAVAKKAD (RENT CONTROL COURT)
Exhibit P4 THE TRUE COPY OF THE DELAY CONDONATION PETITION IA
NO. 01 OF 2024 IN RCA NO. 148/2016 DATED 07.02.2024
ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY,
THRISSUR
Exhibit P5 THE TRUE COPY OF THE PETITION IA NO. 02/2024 IN RCA
NO. 148/2016 DATED 07.02.2024 ON THE FILES OF RENT
CONTROL APPELLATE AUTHORITY, THRISSUR
Exhibit P6 THE TRUE COPY OF IA NO. 03/2024 IN RCA NO. 148/2016
DATED 07.02.2024 ON THE FILES OF RENT CONTROL
APPELLATE AUTHORITY, THRISSUR
Exhibit P7 THE TRUE COPY OF IA NO. 04/2024 IN RCA NO. 148/2016
DATED 07.02.2024 ON THE FILES OF RENT CONTROL
APPELLATE AUTHORITY, THRISSUR
Exhibit P8 THE TRUE COPY OF THE PETITION IN IA NO. 05/2024 IN
RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF
RENT CONTROL APPELLATE AUTHORITY, THRISSUR
Exhibit P9 THE TRUE COPY OF THE PETITION IN IA NO. 06/2024 IN
RCA NO. 148/2016 DATED 07.02.2024 ON THE FILES OF
RENT CONTROL APPELLATE AUTHORITY, THRISSUR
