Kerala High Court
P.A. Varghese vs Sreeja K.R on 25 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(RC)Nos.24, 27 & 28 OF 2025 1
2025:KER:16137
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP (RC) NO. 24 OF 2025
EP NO.382 OF 2023 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER/DECREE HOLDER:
P.A. VARGHESE
AGED 72 YEARS
SON OF ANTHAPPAN,
PULIPARAMBIL HOUSE,
EDAKOCHI POST, ERNAKULAM,
PIN - 682010
BY ADVS.
BASIL MATHEW
NINAN JOHN
SANJANA SARA VARGHESE ANNIE
ARYA A.R.
RESPONDENT/JUDGMENT DEBTOR :
SREEJA K.R
WIFE OF DEEPU MATHEW,
AGE NOT KNOWN TO THE PETITIONER,
HAVING PERMANENT ADDRESS AT KACHAPPILLY HOUSE,
60/1099, CENTENARY ROAD, KALOOR,
KOCHI, PIN - 682017
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
25.02.2025, ALONG WITH OP(RC)NOS.27/2025 AND 28/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC)Nos.24, 27 & 28 OF 2025 2
2025:KER:16137
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP (RC) NO. 27 OF 2025
EP NO.383 OF 2023 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER/DECREE HOLDER :
P.A. VARGHESE
AGED 72 YEARS
UNEMPLOYED, SON OF ANTHAPPAN,
PULIPARAMBIL HOUSE, EDAKOCHI POST,
ERNAKULAM, PIN - 682010
BY ADVS.
BASIL MATHEW
NINAN JOHN
SANJANA SARA VARGHESE ANNIE
ARYA A.R.
RESPONDENTS/JUDGMENT DEBTOR :
1 LUZERNE LIFE SCIENCES PRIVATE LTD
SECOND FLOOR, COSMO TOWER, AVENUE-2 ROAD,
KATHRIKKADAVU, PIN - 682017
2 DEEPU MATHEW
AGED 41 YEARS
SON OF KK MATHEW HAVING PERMANENT ADDRESS AT
KACHAPPILLY HOUSE, 60/1099, CENTENARY ROAD,
KALOOR, KOCHI, PIN - 682017
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
25.02.2025, ALONG WITH OP(RC)NOS.24/2025 AND 28/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC)Nos.24, 27 & 28 OF 2025 3
2025:KER:16137
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP (RC) NO. 28 OF 2025
EP NO.381 OF 2023 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER/DECREE HOLDER :
PA VARGHESE
AGED 72 YEARS
SON OF ANTHAPPAN, PULIPARAMBIL HOUSE,
EDAKOCHI POST, ERNAKULAM, PIN - 682010
BY ADVS.
BASIL MATHEW
NINAN JOHN
SANJANA SARA VARGHESE ANNIE
ARYA A.R.
RESPONDENT/JUDGMENT DEBTOR:
SREEJA K R
WIFE OF DEEPU MATHEW,
AGE NOT KNOWN TO THE PLAINTIFF,
HAVING PERMANENT ADDRESS AT KACHAPPILLY HOUSE,
60/1099, CENTENARY ROAD, KALOOR,
KOCHI, PIN - 682017
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
25.02.2025, ALONG WITH OP(RC)NOS.24/2025 AND 27/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC)Nos.24, 27 & 28 OF 2025 4
2025:KER:16137
JUDGMENT
A.Muhamed Mustaque, J.
Read our order dated 13.02.2025.
2. Thereafter, a communication was received from the
Principal Munsiff Court, Ernakulam, pointing out that the entire
movables taken on kacheet are expired drugs/medicines and the
same cannot be sold.
3. The learned counsel for the petitioner submits that this
should be treated as medical waste, and an approved agency can
remove it from the site. Therefore, there is no embargo in conducting
the sale/disposal of the medical waste which includes the expired
drugs/medicines. The petitioner shall assist the Execution Court in this
process.
4. We make it clear that only an approved agency shall take
part in the sale.
These Original Petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
rkj
2025:KER:16137
APPENDIX OF OP (RC) 27/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER OF EVICTION DATED
21.09.2023 IN R.C.P. 167/2022 ON THE FILE
OF THE RENT CONTROL COURT, ERNAKULAM
Exhibit P2 THE TRUE COPY OF EP NO. 383/2023 DATED
30.11.2023 FILED BY THE PETITIONER BEFORE
THE HON'BLE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN E.P. NO. 383/2023 DATED
16.03.2024 BEFORE THE HON'BLE PRINCIPAL
MUNSIFF COURT, ERNAKULAM
Exhibit P4 THE TRUE COPY OF DELIVERY REPORT IN EP NO.
383/2023 DATED 12.06.2024 FILED BY THE
COURT AMIN BEFORE THE HON'BLE PRINCIPAL
MUNSIFF COURT, ERNAKULAM
Exhibit P5 THE TRUE COPY OF E.A. 29/2025 DATED
13.01.2025 ALONG WITH QUOTATION DATED
4.7.2024 IN EXT P-2 BEFORE THE HON'BLE
PRINCIPAL MUNSIFF COURT, ERNAKULAM
Exhibit P6 THE TRUE COPY OF E.A. 28/2025 ALONG WITH
SCHEDULE DATED 13.1.2025 IN EXT P-2 FILED
BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
Exhibit P7 THE TRUE COPY OF DAILY PROCEEDINGS DATED
14.01.2025 PASSED BY THE PRINCIPAL MUNSIFF
COURT, ERNAKULAM
2025:KER:16137
APPENDIX OF OP (RC) 28/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER OF EVICTION DATED
21.09.2023 IN R.C.P. 166/2022 ON THE FILE
OF THE RENT CONTROL COURT, ERNAKULAM
Exhibit P2 THE TRUE COPY OF EP NO. 381/2023 DATED
30.11.2023 FILED BY THE PETITIONER BEFORE
THE HON'BLE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN E.P. NO. 381/2023 DATED
16.03.2024 BEFORE THE HON'BLE PRINCIPAL
MUNSIFF COURT, ERNAKULAM
Exhibit P4 THE TRUE COPY OF DELIVERY REPORT IN EP NO.
381/2023 DATED 12.06.2024 FILED BY THE
COURT AMIN BEFORE THE HON'BLE PRINCIPAL
MUNSIFF COURT, ERNAKULAM
Exhibit P5 THE TRUE COPY OF E.A. 33/2025 DATED
13.01.2025 ALONG WITH QUOTATION DATED
4.7.2024 IN EXT P-2 BEFORE THE HON'BLE
PRINCIPAL MUNSIFF COURT, ERNAKULAM
Exhibit P6 THE TRUE COPY OF E.A. 32/2025 ALONG WITH
SCHEDULE DATED 13.1.2025 IN EXT P-2 FILED
BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
Exhibit P7 THE TRUE COPY OF DAILY PROCEEDINGS DATED
14.01.2025 PASSED BY THE PRINCIPAL MUNSIFF
COURT, ERNAKULAM
2025:KER:16137
APPENDIX OF OP (RC) 24/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER OF EVICTION DATED
21.09.2023 IN R.C.P. 168/2022 ON THE FILE
OF THE RENT CONTROL COURT, ERNAKULAM
Exhibit P2 THE TRUE COPY OF EP NO. 382/2023 DATED
30.11.2023 FILED BY THE PETITIONER BEFORE
THE HON'BLE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN E.P.NO.382/2023 DATED
16.03.2024 BEFORE THE HON'BLE PRINCIPAL
MUNSIFF COURT, ERNAKULAM
Exhibit P4 THE TRUE COPY OF DELIVERY REPORT IN EP NO.
382/2023 DATED 12.06.2024 FILED BY THE
COURT AMIN BEFORE THE HON'BLE PRINCIPAL
MUNSIFF COURT, ERNAKULAM
Exhibit P5 THE TRUE COPY OF E.A. 31/2025 DATED
13.01.2025 ALONG WITH QUOTATION DATED
4.7.2024 IN EXT P-2 BEFORE THE HON'BLE
PRINCIPAL MUNSIFF COURT, ERNAKULAM
Exhibit P6 THE TRUE COPY OF E.A. 30/2025 ALONG WITH
SCHEDULE DATED 13.1.2025 IN EXT P-2 FILED
BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT,
ERNAKULAM
