Coastal Motor Transport Workers ... vs Kizhakkedathu Family Trust @ Mathoor ...
2024 Latest Caselaw 13618 Ker

Kerala High Court

Coastal Motor Transport Workers ... vs Kizhakkedathu Family Trust @ Mathoor ... on 27 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

OP (RC) No.73/2024                            1/4

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                            THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                              &
                            THE HONOURABLE MR. JUSTICE EASWARAN S.
                     Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
                                     OP (RC) NO. 73 OF 2024

            EP 14/2024 IN RCP 21/2020 OF PRINCIPAL MUNSIFF COURT, CHERTHALA

   PETITIONER/JUGMENT DEBTOR/RESPONDENT:

           COASTAL MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.A 318,
           COASTAL MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.A 318,
           CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY, SATYA
           DHARA VASUDHASREE.K., PIN - 688524

   RESPONDENTS:

       1. KIZHAKKEDATHU FAMILY TRUST @ MATHOOR DEVASWOM TRUST, KIZHAKKEDATHU
          FAMILY TRUST @ MATHOOR DEVASWOM TRUST, REGISTRATION NO.54/2014, CMC
          X/210, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE, CHERTHALA
          TALUK, REPRESENTED BY ITS MANAGING TRUSTEE GEETHA SUKUMAR, W/O
          SUKUMAR, AGED 64 YEARS, RESIDING AT KIZHAKKEDATH HOUSE, CMC- X,
          CHERTHALA NORTH MURI, CHERTHALA, ALAPPUZHA DISTRICT - 688524., PIN -
          688524
       2. DR. LAKSHMI SUKUMAR, AGED 35 YEARS, DR. LAKSHMI SUKUMAR, D/O GEETHA
          SUKUMAR, ASST. PROFESSOR, KIZHAKKEDATH HOUSE, CMC- X/210, CHERTHALA
          NORTH MURI, CHERTHALA NORTH VILLAGE, CHERTHALA TALUK, CHERTHALA,
          ALAPPUZHA DISTRICT, PIN - 688524
       3. PARVATHY SUKUMAR, AGED 30 YEARS, PARVATHY SUKUMAR, D/O GEETHA
          SUKUMAR, CIVIL ENGINEER, PRESENTLY WORKING ABROAD, OF KIZHAKKEDATH
          HOUSE, CMC- X/210, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE,
          CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688524, REPRESENTED BY HER
          POWER OF ATTORNEY, THE 2ND RESPONDENT DR. LAKSHMI SUKUMAR., PIN -
          688524
       4. DR. MAHESH.S, AGED 39 YEARS, S/O K. SANKARA PILLAI, SCIENTIST,
          VADASSERIL HOUSE, PARIPPU.P.O., KOTTAYAM DISTRICT, PIN - 686024


        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 Exhibit P4 order dated 12.4.2024 in EP No.14/2024 in RCP
   No.21/2020 of Principal Munsiff Court (Execution) Cherthala, till the
   final disposal of the above Original Petition (RC), in 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.C.G.BINDU & AJITHA C.G., Advocates for the petitioner, the court
   passed the following:
 OP (RC) No.73/2024                                    2/4




                          AMIT RAWAL & S.EASWARAN, JJ.
                                =================
                             O.P.(RC) No.73 of 2024
                         ==============================
                      DATED THIS THE 27TH DAY OF MAY, 2024.

                                                ORDER

AMIT RAWAL, J.

Inter alia alleges that the petitioner/tenant

has already been ordered to be evicted in R.C.P.

No.21/2020 vide judgment dated 28.02.2023. The

petitioner has filed an appeal bearing No.8/2024

with an application as I.A.No.1/2024 seeking

condonation of delay. In the absence of

condonation of delay, the stay could not be

granted, but in the meantime, the respondent

landlord has sought the possession through E.P.No. 14 of 2024 and vide order dated 12.04.2024 ordered

for issue of warrant of delivery on 27.05.2024.

The appeal is listed to 29.05.2024.

Issue notice before admission by special

messenger. Post on 07.06.2024. Till such time,

the warrant of delivery issued is ordered to be

kept in abeyance.

We are sanguine of the fact that the

Appellant Authority would decide the application

for condonation of delay as expeditiously as

possible for the purpose of granting interim stay

in the pending appeal.

Sd/-

AMIT RAWAL JUDGE

sd/-

S.EASWARAN JUDGE DCS/27.05.2024

27-05-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP (RC) 73/2024

Exhibit P4 TRUE COPY OF THE ORDER DATED 12.4.2024 IN E.P. NO.14/2024 IN R.C.P. NO.21/2020

27-05-2024 /True Copy/ Assistant Registrar