Kerala High Court
E.S.Jose vs K.A.Antony on 3 December, 2009
Bench: P.R.Raman, P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31924 of 2009(I)
1. E.S.JOSE, S/O.SOLAMAN,
... Petitioner
Vs
1. K.A.ANTONY, S/O.AUGUSTIN.G,
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent :SRI.S.VINOD BHAT
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :03/12/2009
O R D E R
P.R.RAMAN & P.R.RAMACHANDRA MENON
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W.P.(C) Nos.31924, 31925 & 31926 of 2009
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Dated this the 3rd December, 2009
J U D G M E N T
Raman, J.
All these writ petitions are at the instance of tenants, who are faced with an order of eviction passed by the Rent Control Court, confirmed by the Appellate Authority, this Court in Revision and finally by the Apex Court in the Special Leave Petition eventually filed. Thereafter, the petitioners have approached the Rent Control Court for reliefs under Section 11(2)
(c) of the Kerala Buildings (Lease and Rent Control) Act, and the same is pending. In the meantime, in the absence of any stay applied for and granted, the execution proceedings continued at the instance of the Landlord. Hence, the tenants have approached this Court by filing the above writ petitions.
2. The question as to whether Section 11(2)(c) application has been filed within time or not, whether the relief W.P.(C) Nos.31924, 31925 & 31926 of 2009 2 could be granted or not, are all not matters to be considered in these writ petitions. At the time of entertaining the writ petitions, notices were issued and interim stay was granted for a period of one month. However, since no final relief can be granted in these writ petitions, we do not find any useful purpose will be served by keeping the writ petitions pending.
3. Accordingly, the writ petitions are disposed of as follows. The petitioners are entitled to apply for the stay from the same court in which the execution proceedings are pending. They may move applications, in which event, the said court will consider the same and pass appropriate orders, in accordance with law. So as to enable the petitioners to move for the same, the interim stay already granted by this Court in the above cases, will continue for a further period of one month from today. However, the petitioners shall file, if so advised, such applications within a period of 10 days from today, and the parties will be governed by any orders that may be passed by the Rent Control Court. The Rent Control Court shall dispose of the applications so W.P.(C) Nos.31924, 31925 & 31926 of 2009 3 filed, within a period of two weeks from the date of filing of the petition.
P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE.
nj.
The second sentence in para 3 of the common judgment dated 3.12.2009 in W.P.(c) Nos. 31924/09, 31925/09 and 31926/09 is corrected and substituted as follows:-
"The petitioners are entitled to apply for stay from the Rent Control Court" - as per the common order dated 18.12.2009 in I.A.Nos. 15771/09, 15773/09 and 15772/09 respectively in W.P.(c) Nos.31926/09, 31925/09 and 31924/09."
Sd/-
Registrar (Judicial)