Kerala High Court
Bharathi Karthikeyan vs M.I Sheeja Mol on 22 October, 2013
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 22ND DAY OF OCTOBER 2013/30TH ASWINA, 1935
OP (RC).No. 3304 of 2013 (O)
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PETITIONER(S)/PETITIONER:
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BHARATHI KARTHIKEYAN, AGED 54 YEARS
W/O.KARTHIKEYAN, ASWATHY BHAVAN, NADUMTHOTTUNGAL LANE
VENNALA.P.O, ERNAKULAM, PIN-682028.
BY ADVS.SRI.SANTHOSH G. PRABHU
SRI.S.KANNAN
SRI.K.V.ARUN KUMAR
RESPONDENT(S)/RESPONDENTS:
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1. M.I SHEEJA MOL,, AGED 52 YEARS
D/O.LATE M.V.IBRAHIMKUTTY, NOORJAHAN MANZIL
ERNAKULAM NORTH TOWN RAILWAY STATION ROAD
KOCHI-682018, NOW RESIDING AT 34/620, FATHIMA
CIVIL STATION, CALICUT-673020.
2. M.I.JEEJA BAI,, AGED 63 YEARS
D/O.LATE M.V.IBRAHIMKUTTY, NOORJAHAN MANZIL
ERNAKULAM NORTH TOWN RAILWAY STATION ROAD
KOCHI-682018, NOW RESIDING AT MULLASSERIMADOM
DISTRICT COURT WARD, THATHAMPPALLY.P.O
ALAPPUZHA-688013.
R1,R2 BY ADV. SRI.V.P.MOHAMMED NIYAZ
R1,R2 BY ADV. SRI.M.P.MUHAMMAD FAZIL
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
22-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No. 3304 of 2013 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 A TRUE COPY OF E.A.360/2013 IN E.P.148/2013 IN R.C.P.17/2009
FILED BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT,ERNAKULAM.
EXT.P2 A TRUE TYPE WRITTEN COPY OF THE ORDER DATRD 24-9-2013 OF THE
HON'BLE PRINCIPAL MUNSIFF COURT,ERNAKULAM.
RESPONDENT(S)' EXHIBITS: NIL
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\\TRUE COPY//
ms P.A to Judge
T.R. Ramachandran Nair & B.Kemal Pasha, JJ.
O.P.(RC) No.3304/2013
Dated this the 22nd day of October, 2013
J U D G M E N T
Ramachandran Nair, J.
The petitioner herein is a Judgment Debtor in E.P.No.148/2013 in R.C.P.No.17/2009 on the file of the Principal Munsiff's Court, Ernakulam. It is pointed out in the original petition that R.C.A.No.43/2013 filed by the petitioner is pending wherein an application for condoning delay is yet to be disposed of by the Appellate Authority and it is submitted by the learned counsel for the petitioner that the same is posted to 30/10/2013 for hearing on the delay petition.
2. Since the execution proceedings are being expedited during the pendency of the appeal, the petitioner seeks for an appropriate direction mainly to keep in abeyance the delivery of the petition schedule building.
3. The learned counsel for the respondents submitted that the petitioner is only trying to delay the execution of the order in favour of the O.P.(RC).No..3304/2013
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respondents. It is also submitted that the respondents have no objection in condoning the delay in filing the appeal on such terms as fixed by this Court. The O.P.(RC) is therefore disposed of with the following directions:
The Appellate Authority will condone the delay in the filing the appeal viz.R.C.A.No.43/2013 on condition that the petitioner will pay to the respondents an amount of 5,000/- (Rupees five thousand only) as costs within a period of 15 days.
4. Since the learned counsel for the respondents prayed that the Appellate Authority may be directed to dispose of the appeal on merits, we direct the Appellate Authority to take the appeal on the file and dispose of the same on merits after hearing the parties within two months thereafter. Till the appeal is disposed of, the execution proceedings will be kept in abeyance.
Sd/-
(T.R. Ramachandran Nair, Judge) Sd/-
(B.Kemal Pasha, Judge) ms/-