Jose vs Frank

JOSE vs FRANK

Type Court Judgment Court Kerala Decided Dec 09, 2022

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https://sooperkanoon.com/case/1584713

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Citation: sooperkanoon.com/1584713
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Dec 09, 2022
Case Number: OP (RC)/237/2022

Parties & Advocates

Appellant / Petitioner

JOSE

Respondent

FRANK

Excerpt

..... is taking hasty steps to proceed with the execution petition and the execution court has ordered delivery on 07.12.2022 in respect of the two shop roomsoccupied by the petitioner. it is also submitted that if the eviction order is executed, the rcrp no.1/2022 and the stay petition filed by the petitioner would become infructuous.4. hence, on a consideration of the facts of this case, we are of the opinion that, it is only just and reasonable that a direction can be givento the rent control appellate authority, thrissur, to consider and pass orders on ext.p3 stay petition in rcrp no.1/2022 (ext.p2) filed by the petitioner herein, in a time bound manner.5. in the result, the rent control appellate authority, thrissur is directed to dispose of ia ..5.. no.3/2022 in rcrp no.1/2022, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this judgment. until then, the execution proceedings in ep no.3110/2018 in rcp no.3/2018 shall be kept in abeyance.the op(rc) is disposed of accordingly. the petitioner shall serve a copy of this judgment to the respondent. sd/- a. muhamed mustaque judge sd/- shoba annamma eapen judge bka/- ..6.. appendix of op (rc) 237/2022 petitioner exhibits exhibit -p1 true copy of the order dated 16-12-2021 in e.a.no. 370/2019 in e.p no.3110 of 2018 in r.c.p no.3/2018 in the file of principal munsiff's court, irinjalakuda. exhibit-p2 true copy of the rent control revision petition no. 1/2022 dated 16/11/2022, in the file of the rent control appellate authority , thrissur exhibit-p3 true copy of i.a.no.3 of 2022 in rcrp no.1/2022 dated 16/11/2022 in rcrp no.1 of 2022.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, IA NO.3/2022 IN RCRP 1/2022 OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR PETITIONER/REVISION PETITIONER: JOSE, AGED 57 YEARS S/O AMBOOKKEN, JOHNY, KUZHIKKATTUSSERRY DESOM, VADAMA VILLAGE, CHALAKUDY TALUK - 680 307, PIN - BY ADV SUMAN CHAKRAVARTHY RESPONDENTS/RESPONDENTS: 1 FRANK, S/O THOMAS ADDIYATTIPRAMBIL HOUSE, PORATHISSERRY VILLAGE, MOORKANAD DESOM, MUKUNDAPURAM, THRISSUR - 680 711 2 JOSE, AGED 54 YEARS S/O DEVASSY, CHACKACHANPARAMBIL HOUSE, PULLUR VILLAGE, PULLOOR P.O, MUKUNDAPURAM, THRISSUR DISTRICT - 680 683 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The petitioner is the claim petitioner in EA No.370/2019 in EP No.3110/2018 in RCP No.3/2018 on the files of the Principal Munsiff's Court, Irinjalakuda. The rent control petition was filed by the 1st respondent/landlord against the 2nd respondent herein for eviction of two adjacent rooms on the ground of arrears of rent. The rent

control petition was allowed and the landlord filed execution petition as EP No.3110/2018 for executing the order of eviction. Thereafter, the petitioner herein filed a claim petition as EA No.370/2019 in EP No.3110/2018 in RCP No.3/2018 under Order XXI Rules 97 & 101 and Sections 47 & 151 of the Code of Civil Procedure, claiming that the petitioner herein is the tenant and seeking for a decree declaring his right of tenancy in the petition schedule rooms and restraining the

..3.. respondents herein from evicting him till the disposal of the claim petition. The said claim petition was dismissed. Challenging the order of dismissal of the claim petition, EA No.370/2019

in    EP     No.3110/2018           in     RCP     No.3/2018,         the
petitioner        herein       filed      Ext.P2        rent    control
revision      petition          before      the      Rent       Control

Appellate Authority, Thrissur as RCRP No.1/2022 along with Ext.P3 application for stay as IA No.3/2022. The present OP(RC) is filed by the petitioner seeking for a direction to the court below to dispose of the rent control revision petition and until then, to keep in abeyance the execution proceedings.

2. Heard the learned counsel for the petitioner. Having considered the nature of the

order proposed to be passed, notice to the

respondents is dispensed with.

3. On a perusal of Ext.P2, it is seen that RCRP No.1/2022 was filed by the petitioner on ..4.. 16.11.2022 along with a petition for stay and it

is    pending.        The    learned        counsel        for       the
petitioner            submits             that           the         1st
respondent/landlord          is     taking       hasty    steps       to
proceed     with      the   execution        petition      and       the
execution       court       has      ordered        delivery          on
07.12.2022      in    respect       of    the    two     shop    rooms

occupied by the petitioner. It is also submitted that if the eviction order is executed, the RCRP No.1/2022 and the stay petition filed by the petitioner would become infructuous.

4. Hence, on a consideration of the facts of this case, we are of the opinion that, it is only just and reasonable that a direction can be given

to the Rent Control Appellate Authority, Thrissur, to consider and pass orders on Ext.P3 stay petition in RCRP No.1/2022 (Ext.P2) filed by the petitioner herein, in a time bound manner.

5. In the result, the Rent Control Appellate Authority, Thrissur is directed to dispose of IA ..5.. No.3/2022 in RCRP No.1/2022, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this judgment. Until then, the execution proceedings in EP No.3110/2018 in RCP No.3/2018 shall be kept in abeyance.

The OP(RC) is disposed of accordingly. The petitioner shall serve a copy of this judgment to the respondent. Sd/- A. MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE bka/- ..6.. APPENDIX OF OP (RC) 237/2022 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE ORDER DATED 16-12-

2021 IN E.A.NO. 370/2019 IN E.P NO.3110 OF 2018 IN R.C.P NO.3/2018 IN THE FILE OF PRINCIPAL MUNSIFF'S COURT, IRINJALAKUDA. Exhibit-P2 TRUE COPY OF THE RENT CONTROL REVISION PETITION NO. 1/2022 DATED 16/11/2022, IN THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY , THRISSUR Exhibit-P3 TRUE COPY OF I.A.NO.3 OF 2022 IN RCRP NO.1/2022 DATED 16/11/2022 IN RCRP NO.1 OF 2022.

Same Court & Year Kerala · 2022 Same Parties JOSE vs FRANK Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...