Kerala High Court
Chullyantavida Biju vs Thazhe Veeroli Riyas on 3 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
OP (RC) No.121/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
OP (RC) NO. 121 OF 2024
EP No.83/2024 IN RCR 29/2021 OF THE MUNSIFF COURT, VADAKARA.
PETITIONER(S)/RESPONDENT/PESPONDENT:
CHULLYANTAVIDA BIJU AGED 47 YEARS S/O NARAYANAN, ORKKATTERY DESOM,
ORKKATTERY POST, ERAMALA VILLAGE, VATAKARA TALUK, KOZHIKODE, PIN -
673501
RESPONDENT(S)/PETITIONERS/PETITIONERS:
1. THAZHE VEEROLI RIYAS AGED 46 YEARS S/O ABDUL KHADER, HIBAS
PARAMBATH, NELLACHERI DESOM, ERAMALA VILLAGE, VATAKARA TALUK,
KOZHIKODE, PIN - 673501
2. P.P.SAMEERA AGED 39 YEARS W/O RIYAS, HIBAS PARAMBATH, NELLACHERI
DESOM, ERAMALA VILLAGE, VATAKARA TALUK, KOZHIKODE, PIN - 673501
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 the execution proceedings in E.P No.83/2024 in RCP 29/2021
on the files of the Hon'ble Rent Controller/Munsiff Court, Vatakara,
pending disposal of this Original petition(C) in the interest of justice.
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 C.BHASKARAN, ARJUN C BHASKAR, ATHUL KRISHNA A., MOHAMMED SHAD K.A.
Advocates for the petitioners the court passed the following:
OP (RC) No.121/2024 AMIT RAWAL & EASWARAN
2/3 S, JJ.
OP (RC) No.121 OF 2024
----------------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
Amit Rawal, J.
It is contended that the petitioner had faced the eviction order dated 7.3.2024 under 11(2)(b) arrears of rent and 11(3) bonafide requirement in RCP No.29 of 2021. Against the aforementioned ejectment order RCA No.110 of 2024 along with I.A No.1 of 2024 has been preferred. However owing to the inadvertence, the aforementioned RCA was dismissed in default and the application for restoration is pending consideration. But in the meantime, the respondent-landlord is continuing with EP proceedings for taking the possession. The whole purpose would not be served in case the restoration application is not considered, for, there was an interim stay before the appellate authority.
Issue notice before admission. In the meantime, the execution proceedings in EP No.83 of 2024 is ordered to be kept pending till the next date of hearing subject to the condition that the petitioner-tenant shall clear all the arrears of rent as determined by the Rent Controller. Appellate authority is directed to expedite hearing of restoration application. Post on 22.12.2024 sd/-
AMIT RAWAL, JUDGE sd/-
03-10-2024
sab /True Copy/ Assistant Registrar
EASWARAN. S, JUDGE
OP (RC) No.121/2024 3/3
03-10-2024 /True Copy/ Assistant Registrar