Kerala High Court
K. Khader Nazeer vs Muhammed Anwar K on 8 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
OP (RC) No.136/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Tuesday, the 8th day of October 2024 / 16th Aswina, 1946
OP (RC) NO. 136 OF 2024
RCP 33/2020 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER/JUDGMENT DEBTOR/RESPONDENT:
K. KHADER NAZEER, AGED 63 YEARS, S/O. K.M. KHADER, ARAFA MANZIL,
KUNNAEPPARAMBIL, KAKKANAD, VAZHAKKALA VILLAGE, THRIKKAKARA P.O., ,
PIN - 682021
RESPONDENT/DECREE HOLDER/PETITIONER:
MUHAMMED ANWAR K, S/O K.A. MUHAMMED, RESIDING AT KALAPPURAKAL HOUSE,
P.B.K MAIN ROAD, THRIKKAKARA P.O, KOCHI-, PIN - 682021
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 stay all further proceedings of deliver of the petition
schedule building in EP No.228 of 2024 in RCP No.33/2020 in the files of
teh Principal Munsiff's court, Ernakulam, pending disposal of this
Original petition.
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.K.R.VINOD, M.S.LETHA, KURIAN MAXIE & ANUROS MARTIN, Advocates for
the petitioner, the court passed the following:
(P.T.O)
OP (RC) No.136/2024 2/5
AMIT RAWAL & EASWARAN S., JJ.
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O.P.(RC).No. 136 of 2024
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Dated this the 8th day of October, 2024
ORDER
AMIT RAWAL, J.
Learned counsel appearing on behalf of the petitioner submitted that against the order of the ejectment passed in RCP No.33 of 2020, petitioner preferred an appeal bearing No.RCA 51 of 2024 accompanied by an application seeking condonation delay of 95 days and in the absence of condonation of delay, there was no interim order. However, in the meantime, the land owner proceeded with the Execution Petition bearing No.228 of 2024 and an application Ext.P11 bearing No.617 of 2024 was submitted for postponing the proceedings of the execution, but the same is pending and the matter is now listed for delivery of the application.
2. It is further contended that though the appeal along with the application for condonation of delay is OP (RC) No.136/2024 3/5 OP RC.136 of 2024 -2- pending since 18.11.2020, an application for preponement was filed but the same has not been adjudicated so far. Therefore the predicament of the petitioner - tenant is writ large.
3. Issue notice before admission to the landlord through special messenger as well as through the counsel of the landlord in the Trial Court.
4. Post the matter on 22.10.2024. In the meantime, the dispossession of the petitioner shall remain stayed. While exercising the power under Article 227 of the Constitution of India, we issue direction to the appellate authority, Ernakulam to take a call on the application bearing I.A.No.1 of 2024 Ext.P8 for preponement of the hearing of the RCA sympathetically and prepone the hearing of the appeal along with the application for condonation of delay and endeavour to decide the application for condonation of delay as expeditiously as possible in accordance with law. OP (RC) No.136/2024 4/5 OP RC.136 of 2024 -3- Copy of the order is ordered to be handed over and also convey to the appellate authority seized off of the RCA No.51 of 2024.
Sd/-
AMIT RAWAL JUDGE Sd/-
EASWARAN S. JUDGE vv H/O 08-10-2024 /True Copy/ Assistant Registrar OP (RC) No.136/2024 5/5 APPENDIX OF OP (RC) 136/2024 Exhibit P8 THE COPY OF THE I.A.NO.1/2024 IN R.C.A.NO.51/2024 FILED BY THE PETITIONER PENDING BEFORE THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM, DATED 31.08.2024 Exhibit P11 THE COPY OF E.A.NO. 617 OF 2024 IN E.P.NO.228/2024 IN R.C.P.NO.33/2020 DATED 28.09.2024 08-10-2024 /True Copy/ Assistant Registrar