Kerala High Court
Mohammed Haris vs Justin James on 22 September, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
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O.P. (RC) No.169 of 2025
2025:KER:70407
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
OP (RC) NO. 169 OF 2025
AGAINST THE ORDER DATED 13.12.2024 IN RCP NO.105 OF 2024 OF
III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)
PETITIONER/RESPONDENT:
MOHAMMED HARIS
AGED 47 YEARS, S/O ABDUL MAJEED,
FLAT NO. 1C, BCG GOLDEN ORCHIDS, PHASE II,
RUBY LANE, THAMMANAM, ERNAKULAM, PIN - 682032
BY ADVS.
SRI.R.SANJITH
SRI.ALEX JOHN PULIMOOD
SMT.C.S.SINDHU KRISHNAH
RESPONDENTS/PETITIONER:
1 JUSTIN JAMES
AGED 38 YEARS, S/O JAMES,
PUTHENPURA HOUSE, PARAL, CHENGANASSERY,
KOTTAYAM-686103, PRESENTLY RESIDING AT SALONKITIE,
10-12 H18, ESPOO 02940 FINLAND (REPRESENTED BY
POWER OF ATTORNEY HOLDER, SRI.BABU SEBASTIAN M.,
AGED 63 YEARS, S/O SEBASTIAN M.A., MALIAKKAL
HOUSE, NAYARAMBALAM, ERNAKULAM-682509), PIN-682509
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O.P. (RC) No.169 of 2025
2025:KER:70407
2 ELSA BABU
AGED 36 YEARS, W/O JUSTIN JAMES,
PUTHENPURA HOUSE, PARAL, CHENGANASSERY,
KOTTAYAM-686103, PRESENTLY RESIDING AT SALONKITIE,
10-12 H18, ESPOO 02940 FINLAND (REPRESENTED BY
POWER OF ATTORNEY HOLDER, SRI.BABU SEBASTIAN M.,
AGED 63 YEARS, S/O SEBASTIAN M.A., MALIAKKAL
HOUSE, NAYARAMBALAM, ERNAKULAM-682509), PIN-682509
BY ADVS.
SRI.K.S.MADHUSOODANAN
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
SRI.K.S.MIZVER
SRI.M.J.KIRANKUMAR
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
22.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P. (RC) No.169 of 2025
2025:KER:70407
JUDGMENT
A. Muhamed Mustaque, J.
The tenant before the Rent Control Court is the
petitioner herein. The learned counsel for the petitioner
submitted that the petitioner has preferred an appeal as
against the ex-parte order of eviction passed against him,
which is pending. It is also submitted that there is a delay in
filing the said appeal. The petitioner's case is that the order
impugned in the appeal is a nullity and therefore, this Court
may interfere in the matter.
2. Having considered the facts and circumstances,
we direct the Appellate Authority to take up the delay
petition as well as the stay application in the appeal and
pass appropriate orders within a period of three weeks from
today. The petitioner is at liberty to raise all contentions
urged in this original petition before the Rent Control
Appellate Authority. In the meanwhile, the execution
proceedings shall be deferred till the Rent Control Appellate
2025:KER:70407
Authority takes a decision in the delay petition and the stay
application.
This original petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2025:KER:70407
APPENDIX OF OP (RC) 169/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED 13/12/2024 IN
R.C.P NO. 105/2024 ON THE FILES OF
LEARNED RENT CONTROLLER COURT (IIIRD
ADDITIONAL MUNSIFF'S COURT) AT ERNAKULAM
Exhibit P2 TRUE COPY OF E.P. NO. 138/2025 DATED
02/04/2025 ON THE FILES OF PRINCIPAL
MUNSIFF'S COURT AT ERNAKULAM
Exhibit P3 TRUE COPY OF ONLINE PROCEEDINGS IN E.P.
NO.138/2025 OF PRINCIPAL MUNSIFF'S COURT
AT ERNAKULAM DATED NIL
Exhibit P4 TRUE COPY OF NOTICE ALONG WITH ENVELOPE
ISSUED IN E.P.138/2025 BY LEARNED
PRINCIPAL MUNSIFF'S COURT AT ERNAKULAM
Exhibit P5 TRUE COPY ONLINE TRACKING OF ENVELOPE
BEARING REF.NO.RL624111577IN
Exhibit P6 TRUE COPY OF RESTORATION PETITION/
PETITION TO SET ASIDE EXPARTE ORDER
BEARING NO. 172/2025 PREFERRED BY THE
PETITIONER HEREIN DATED 18/07/2025
BEFORE LEARNED RENT CONTROL COURT AT
ERNAKULAM
Exhibit P7 TRUE COPY OF I.A. NO. 3/2025 SEEKING
CONDONATION OF DELAY OF 186 DAYS DATED
18/07/2025 PREFERRED BY THE PETITIONER
HEREIN BEFORE LEARNED RENT CONTROL COURT
AT ERNAKULAM
Exhibit P8 TRUE COPY OF OBJECTION DATED 08/08/2025
FILED BY THE RESPONDENTS TO EXHIBIT P6
RESTORATION PETITION
Exhibit P9 TRUE COPY OF OBJECTION DATED 08/08/2025
FILED BY THE RESPONDENTS TO EXHIBIT P7
CONDONATION OF DELAY PETITION
Exhibit P10 TRUE COPY OF JUDGEMENT OF THIS
HONOURABLE COURT DATED 14/02/2025 IN OP
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Exhibit P11 TRUE COPY OF RENT CONTROL PETITION
BEARING NO. R.C.P. NO. 105/2024 DATED
18/07/2024 PREFERRED BY THE RESPONDENTS
Exhibit P12 TRUE COPY OF LAWYER'S NOTICE DATED
01/03/2024 CAUSED TO BE ISSUED BY
RESPONDENTS IN SUPPOSED COMPLIANCE OF
THE ACT
Exhibit P13 TRUE COPY OF THE CARBON COPY APPLICATION
DATED 13/08/2025 FILED BY THE PETITIONER
BEFORE THE LEARNED RENT CONTROL COURT AT
ERNAKULAM
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) THE COPY OF THE POWER OF ATTORNEY DATED
14-06-2024
EXHIBIT R1(b) THE GROUND OF ARREARS OF RENT AND BONA
FIDE NEED FOR OWN OCCUPATION. THE COPY
OF THE ONLINE PROCEEDINGS OF RCP
