Kerala High Court
M.Shaji vs S.N.D.P Sakha Yogam No.610 on 10 March, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 10th day of March 2022 / 19th Phalguna, 1943
OP (RC) NO. 52 OF 2022
E.A 88/2022 IN E.P. NO. 179 OF 2015 IN RCP 23/2014 OF PRINCIPAL
MUNSIFF,ALAPPUZHA, ALAPPUZHA
PETITIONER/REVISION PETITIONER/APPELLANT/CR. PETITIONER TENANT:
M.SHAJI, AGED 44 YEARS, S/O MADHAVAN, MANAPARAMBU HOUSE, PUNNAPRA
MURI, PUNNAPRA MURI, PUNNAPRA P O, ALAPPUZHA-688004.
RESPONDENT/RESPONDENT/RESPONDENT/PETITIONER LANDLORD:
1. S.N.D.P SAKHA YOGAM NO.610, PUNNAPRA EAST, PUNNAPRA P O,
ALAPPUZHA-688004, REPRESENTED BY ITS SECRETARY, K.S SHYAMLAL.
2. PRESIDENT UTHAMAN, S N D P SAKHA YOGAM NO.610, PUNNAPRA EAST,
PUNNAPRA P O, PIN-680004.
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 pass an order staying all further proceedings in E.P No.179 of
2015 in R.C.P No.23 of 2014, till the disposal of the above OP(RC).
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.A.RAJEEV & A.KRISHNAN, Advocates for the petitioner, the court
passed the following:
(P.T.O)
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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O.P.(RC) No.52 of 2022
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Dated this the 10th day of March, 2022
ORDER
Anil K. Narendran, J.
Today, when this original petition is taken up for consideration at 2 O'Clock, the learned counsel for the petitioner pointed out that the judgment debtor-tenant is yet to be issued with a copy of the order passed by the Principal Munsiff's Court, Alappuzha, in E.A.No.88 of 2022 in E.P.No.179 of 2015 in R.C.P.No.23 of 2014. Therefore, Registry was directed to call for a report from the said court and the matter was ordered to be listed today itself at 4.00 p.m. When the matter is taken up for further consideration at 4.00 p.m., Registry has obtained a telephonic instruction from the Principal Munsiff's Court, Alappuzha, as per which, a copy application was filed on 09.03.2022, in which copy of order in E.A.No.88 of 2022 is yet to be issued. It is also reported that a copy of that order will be issued today.
Issue notice on admission to the respondent-landlord by Special Messenger, returnable by 14.03.2022.
In case, actual delivery of the petition schedule building in O.P.(RC) No.52 of 2022 2 R.C.P.No.24 of 2014 on the file of the Rent Control Court, Alappuzha is not yet effected, the same shall be deferred till 15.03.2022.
List on 14.03.2022.
Sd/-
ANIL K. NARENDRAN, Judge Sd/-
P.G. AJITHKUMAR, Judge dkr 10-03-2022 /True Copy/ Assistant Registrar