IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19122 of 2009(I)
1. V.G.GOPINATHA PILLAI,
... Petitioner
Vs
1. JAYA RANI (HUSBAND'S NAME NOT STATED)
... Respondent
For Petitioner :SRI.TOM JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :09/07/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
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W. P. C. No.19122 of 2009
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Dated this the 9th day of July, 2009
JUDGMENT
Pius C. Kuriakose, J
In the nature of the limited relief which is being
given to the petitioner, we are of the view that it is not
necessary to issue notice to the respondent/landlady.
2. The petitioner in this Writ Petition filed under
Article 227 is the tenant and Ext.P4 order of eviction
has been passed ex parte against him. On coming to
know about Ext.P4, the petitioner filed Ext.P7 petition
for setting aside the ex parte order and Ext.P8 petition
seeking condonation of delay of 220 days caused in
the matter of filing Ext.P7. Apart from that, Ext.P9
stay petition is also filed seeking stay of execution
proceedings. The Rent Control Court has posted
Exts.P7, P8 and P9 to 17/07/09. The grievance voiced
W. P. C. No.19122 of 2009 -2-
by the petitioner is that in the meanwhile, the learned
Munsiff who is executing Ext.P4 has ordered delivery.
The case of the petitioner is that if delivery happens to
take place on 17/07/09, the date to which it is posted,
Exts.P7, P8 and P9 will become infructuous. Learned
counsel submits that even though copies of Exts.P7,
P8 and P9 were served on the Advocate who is
appearing for the landlady in the Rent Control Court
and the learned Advocate received the copies, the
Rent Control Court has issued notice to the respondent
and that is why the petitioner is unable to obtain
interim order of stay in the matter.
3. We are of the view that without going into the
merits of the grounds raised in Ext.P7 application to
set aside the ex parte order, this Writ Petition can be
disposed of issuing the following directions:-
1) If the counsel for the respondent before the
Rent Control Court has already taken notice of
W. P. C. No.19122 of 2009 -3-
Exts.P7, P8 and P9 as claimed by the petitioner, the
Rent Control Court will dispose of Ext.P7 or at least
Ext.P8 at the earliest, at any rate within two weeks of
receiving copy of the judgment. If the learned court
finds difficulty in disposing of Ext.P7 or even Ext.P8
within the time frame, at least interim orders will be
passed on Ext.P9 stay petition within the above time
frame.
4. Considering the above directions, delivery
pursuant to the order passed by the execution court
will stand adjourned to 31st instant.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-