Kerala High Court
Chempazhanthy Agricultural ... vs Karunai Kumar C.M on 17 June, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:42876
O.P. (RC) No.113 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
OP (RC) NO. 113 OF 2025
AGAINST THE ORDER DATED 27.05.2025 IN EA NO.345/2025
IN EP NO.314 OF 2024 OF PRINCIPAL MUNSIFF COURT,
THIRUVANANTHAPURAM ARISING OUT OF THE ORDER DATED
19.07.2022 IN RCP NO.38 OF 2020 OF PRINCIPAL MUNSIFF
COURT, THIRUVANANTHAPURAM
PETITIONER/PETITIONER IN EA/3RD PARTY IN EP:
CHEMPAZHANTHY AGRICULTURAL IMPROVEMENT CO-
OPERATIVE SOCIETY LTD. NO. T-1750,
CHEMPAZHANTHI, CHEMPAZHANTHI P.O.,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN - 695 587
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SHRI.SIDHARTH.R.WARIYAR
RESPONDENTS/COUNTER PETITIONER/DECREE HOLDER & COUNTER
PETITIONER/JUDGMENT DEBTOR:
1 KARUNAI KUMAR C.M, AGED 47 YEARS, S/O. LATE M.
2025:KER:42876
O.P. (RC) No.113 of 2025
2
CECIL A SAMUEL, RESIDNG AT TC IX/1148(2), CECIL
ARCADE, S.N. COLLEGE JUNCTION, CHAMPAZHANTHY,
THIRUVANANTHAPURAM, PIN - 695 587
2 S. JAYAKUMAR, AGED 53 YEARS, S/O. SEKHARA
PILLAI, RESIDING AT PANKAJAM, INDIRAJI NAGAR,
ANIYOOR, CHAMPAZHANTHY, THIRUVANANTHAPURAM, PIN
- 695 587
BY ADV SRI.M.SREEKUMAR
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 17.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:42876
O.P. (RC) No.113 of 2025
3
JUDGMENT
A. Muhamed Mustaque, J.
In the light of the extension granted to file an
application raising an objection by this Court in connected
matter, O.P. (RC) No.84 of 2025, the impugned order is set
aside subject to the following directions:
2. The petitioner's objection shall be considered
by the Execution Court within a period of three weeks.
3. Till then, delivery ordered shall be kept on
hold.
This original petition stands disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
PR
2025:KER:42876
APPENDIX OF OP (RC) 113/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION
BEARING RCP NO. 38/2020 DATED
05.10.2020 FILED BY THE 1ST RESPONDENT
AGAINST THE 2ND RESPONDENT, AS PROCURED
BY THE PETITIONER,
Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE
2ND RESPONDENT TO RCP NO. 38 OF 2020
FILED ON 11.08.2021
Exhibit P3 TRUE COPY OF THE ORDER DATED 19.07.2022
OF THE HON'BLE RENT CONTROL COURT,
THIRUVANANTHAPURAM (ADDL. MUNSIFF IV)
IN RCP NO. 38 OF 2020, ALONG WITH THE
COMPROMISE PETITION
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED
27.01.2025 IN E.P. NO. 314 OF 2024
PENDING BEFORE THE HON'BLE PRINCIPAL
MUNSIFF'S COURT, THIRUVANANTHAPURAM, AS
AVAILABLE ON THE E-COURTS WEBSITE.
Exhibit P5 TRUE COPY OF THE UNNUMBERED RENT
CONTROL APPEAL FILED BY THE PETITIONER
BEFORE THE HON'BLE DISTRICT COURT,
THIRUVANANTHAPURAM DATED 24.03.2025
Exhibit P5(a) TRUE COPY OF THE PETITION TO GRANT
LEAVE TO APPEAL IN THE SAID UNNUMBERED
RENT CONTROL APPEAL DATED 26.03.2025
Exhibit P5(b) TRUE COPY OF THE PETITION TO CONDONE
DELAY IN FILING THE APPEAL IN THE SAID
UNNUMBERED RENT CONTROL APPEAL DATED
26.03.2025
Exhibit P5(c) TRUE COPY OF THE PETITION TO STAY THE
PROCEEDINGS IN THE EXECUTION PETITION,
IN THE SAID UNNUMBERED RENT CONTROL
APPEAL, DATED 24.03.2025
Exhibit P6 TRUE COPY OF JUDGMENT DATED 10.04.2025
IN OP (RC) NO. 84 OF 2025 PASSED BY
THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF AFFIDAVIT AND PETITION
DATED 22.05.2025 IN E.A. NO. 345 OF
2025 IN E.P. NO. 314 OF 2025 IN RCR
38/2020 FILED BEFORE THE HON'BLE
2025:KER:42876
PRINCIPAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM.
Exhibit P8 TRUE COPY OF THE STATEMENT OF OBJECTION
DATED 26.05.2025 IN EP NO. 314/2024 IN
RCP NO. 38 OF 2020 FILED BY THE 1ST
RESPONDENT (WITHOUT DOCUMENTS) BEFORE
THE PRINCIPAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED
27.05.2025 IN E.A. NO. 345/2025 IN E.P.
NO. 314/2024 IN RCP NO. 38/2020 ON THE
FILES OF THE HON'BLE PRINCIPAL
MUNSIFF'S COURT, THIRUVANANTHAPURAM AS
AVAILABLE FROM THE E-COURTS APP.
RESPONDENT EXHIBITS
Exhibit R1(a) true copy of the Report of the Advocate
Commissioner in RCP No.38/2020 on the
file of the Additional Munsiff Court-IV
(RCC),Thiruvananthapuram
Exhibit R1(b) true copy of the deposition of Advocate
Commissioner as PW2
Exhibit R1(c) copy of deposition of the 2nd
respondent as DW1
Exhibit R1(d) true copy of the Rent Deed dated
16..1..2012 executed between 1st
respondent and 2nd respondent
Exhibit R1(e) true copy of the latest rent deed dated
01..10..2018 executed between 1st
respondent and 2nd respondent
Exhibit R1(f) true copy of the petition in EA No.
63/25 in EP No.314/2014 in RCP
No.38/2020 filed by the 2nd respondent
Exhibit R1(g) true copy of the petition in EA No.
65/25 in EP No.314/2014 in RCP
No.38/2020 filed by the 2nd respondent
Exhibit R1(h) true copy of the petition in EA No.
66/25 in EP No.314/2014 in RCP
No.38/2020 filed by the 2nd respondent
Exhibit R1(i) true copy of the undertaking filed by
the 2nd respondent dated 27..1..2025
