Kerala High Court
G.Gopakumar vs Ancy Thankachan Philip on 25 October, 2018
Author: K. Harilal
Bench: K.Harilal, Annie John
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY ,THE 25TH DAY OF OCTOBER 2018 / 3RD KARTHIKA, 1940
OP (RC).No. 154 of 2018
AGAINST THE ORDER DATED 31-08-2017 IN RCOP 2/2015 of MUNSIFF
COURT, KOTTARAKKARA
PETITIONER:
G.GOPAKUMAR,
AGED 42 YEARS,
S/O GOVINDAPILLAI,
RESIDING AT NANDA BHAVAN,
MULAVOORKONAM,
KAREEPRA MURI,
NELLIMUKKU P.O.,
KAREEPRA VILLAGE, KOTTARAKKARA TALUK.
BY ADVS.SMT.K.G.BINDU
SMT.T.S.MAYA (THIYADIL)
RESPONDENTS:
1 ANCY THANKACHAN PHILIP,
AGED 25 YEARS,
W/O ANSON K.J, KALLOOR KUNNUVILA HOUSE,
THRIKKANAMANGAL P.O,
KOTTARAKKARA TALUK-691506
2 ANEENA ROSY PHILIP
AGED 25 YEARS
D/O ABY RAJAN, RESIDING AVICOTTU HOUE, KIZHAKKEKARA,
KOTTARAKKARA-691531.
3 THANKAMMA KOSHY,
AGED 71 YEARS,
W/O LATE RAJAN PHILIP, AVICOTTU HOUSE, KIZHAKKEKARA,
KOTTARAKKARA-691531.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 25.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (RC).No. 154 of 2018
-:2:-
JUDGMENT
K. Harilal, J.
The petitioner is the tenant, who is confronting with execution of a summary order of eviction passed under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965.
2. Aggrieved by the said order, the petitioner had filed an appeal before the Rent Control Appellate Authority, Kollam, along with Ext.P7 petition, to condone the delay and the said petition is pending consideration of the Rent Control Appellate Authority. In the meantime, the respondents have proceeded with execution proceedings by filing Execution Petition and now the case is posted for delivery of the petition schedule shop room on 25.10.2018. The petitioner OP (RC).No. 154 of 2018 -:3:- apprehends that, if the delivery order is executed before the consideration of the appeal, the petitioner will be put to irreparable injury and great hardship. Hence, the petitioner prayed for a direction to the Rent Control Appellate Authority, to consider and dispose of Ext.P7 petition, within a time frame and to direct the Execution Court, to keep the further proceedings in abeyance, till the disposal of Ext.P7 petition.
3. Heard the learned counsel for the petitioner.
4. Having regard to the fact that, if delivery of the petition schedule shop room is effected before the consideration of Ext.P7 delay condonation petition, the purpose of the appeal itself would be defeated, the Rent Control Appellate OP (RC).No. 154 of 2018 -:4:- Authority, Kollam is hereby directed to consider and dispose of Ext.P7 petition to condone the delay in filing the appeal, at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Further, the Execution Court (Munsiff's Court, Kottarakkara) is directed to keep all further execution proceedings in abeyance, till the disposal of Ext.P7 petition.
This O.P.(RC) is disposed of accordingly. All pending Interlocutory Applications will stand closed.
Sd/-
K.HARILAL JUDGE Sd/-
ANNIE JOHN JUDGE DST OP (RC).No. 154 of 2018 -:5:- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN OS NO.556/2015 OF THE MUNSIFF'S COURT, KOTTARAKKARA.
EXHIBIT P2 TRUE COPY OF MEMO DATED 9.8.2017.
EXHIBIT P3 TRUE COPY OF ORDER DATED 31.8.2017 IN R.C.P.NO.2 OF 2015 OF THE RENT CONTROL COURT, KOTTARAKKARA.
EXHIBIT P4 TRUE COPY OF I.A.NO.3785/2017 IN R.C.P.NO.2 OF 2015 OF THE RENT CONTROL COURT, KOTTARAKKARA.
EXHIBIT P5 TRUE COPY OF ORDER DATED 23.7.2018 IN I.A.NO.3785/2017 IN R.C.P.NO.2 OF 2015 OF THE RENT CONTROL COURT, KOTTARAKKARA.
EXHIBIT P6 TRUE COPY OF E.P.NO.99 OF 2017 IN R.C.P.NO.2 OF 2015 OF THE RENT CONTROL COURT, KOTTARAKKARA.
EXHIBIT P7 TRUE COPY OF I.A.NO.1725/2018 IN R.C. APPEAL FILED BEFORE THE DISTRICT COURT, KOLLAM AGAINST THE ORDER DATED 31.8.2017 IN R.C.P.NO.2 OF 2015 OF THE RENT CONTROL COURT, KOTTARAKKARA.
EXHIBIT P8 TRUE COPY OF E.A.NO.256/2018 IN E.P.NO.99 OF 2017 IN R.C.P.NO.2 OF 2015 OF THE RENT CONTROL COURT, KOTTARAKKARA.
RESPONDENTS' EXHIBITS: NIL
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//TRUE COPY// P.A. TO JUDGE