Kerala High Court
P K Subair vs Ashraf on 13 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
IA.NO.1/2024 IN RCREV. NO. 181 OF 2024
RCA 46/2023, DISTRICT COURT & SESSIONS COURT, THRISSUR
IN
IA 6/2023 IN RCP 35/2020, MUNSIFF COURT, CHAVAKKAD
REVISION PETITIONER/APPLICANT:
P K SUBAIR , S/O KOYAKKUTTY, RESIDING IN THE ADDRESS PLAKKAL HOUSE,
CHIRAMANANGAD VILLAGE, MARATHAMCODE DESOM, KUNNAMKULAM P O,
KUNNAMKULAM TALUK, THRISSUR DISTRICT, PIN - 680503
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS:
1. ASHRAF, AGED 54 YEARS, S/O ANDIPATTIL YOUSAF, PAZHANJI VILLAGE,
PERUMTHURUTHY DESOM, KUNNAMKULAM TALUK, THRISSUR DISTRICT, PIN - 680
542
2. FAKHRUDDIN, AGED 52 YEARS, S/O KUYILANKATTIL MUHAMMED HAJI, ANGADI
AMSOM DESOM, ANGADI P O, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN -
679552
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings pursuant to the final order passed in RCP NO.35 of 2020 on the
file of the Rent Control Court, Chavakkad Pending consideration of the
above revision in the interest of justice.
This Application coming on for admission upon perusing the
application and the affidavit filed in support thereof, and upon hearing
the arguments of SRI.G.SREEKUMAR (CHELUR), Advocate for the petitioner,
the court passed the following:
AMIT RAWAL & EASWARAN S., JJ.
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R.C.Rev.No.181 of 2024
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Dated this the 13th day of September, 2024
ORDER
AMIT RAWAL, J.
Petitioner - tenant faced the eviction proceedings in Rent Petition bearing No.35 of 2020 and Rent Appeal No.46 of 2023. However, on 03.02.2021 and 16.01.2024 was proceeded ex-parte resulting into ex-parte judgment and decree dated 30.11.2023. On receipt of the summon in the execution proceedings, attained the knowledge of the aforementioned and submitted an application under Order 9 Rule 13 dated 28.02.2023 accompanied by an application for condonation of delay of 420 days in filing.
2. Mr.G.Sreekumar(Chelur), learned counsel for the petitioner submitted that O.S.No.1323 of 2019 for obtaining injunction against the landlord for forcible dispossession except due course of law has been filed R.C.Rev.No.181 of 2024 -2- which the petitioner - tenant is diligently pursuing. Therefore it cannot be ruled out that the petitioner had willfully and intentionally absented from the proceedings of the ejectment petition. Court below ought to have imposed a reasonable condition for setting aside by compensating the landlord - respondent.
3. Issue notice before admission through special messenger as well as the counsel appearing in the Trial Court. In the meantime, there shall be an interim stay in the ejectment proceedings against the petitioner subject to the cost/compensation which would be deemed to be appropriate to impose after appearance of the respondent landlord.
Sd/-
AMIT RAWAL JUDGE Sd/-
EASWARAN S. JUDGE vv 13-09-2024 /True Copy/ Assistant Registrar