IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35052 of 2009(B)
1. MOHANDAS
... Petitioner
Vs
1. C.X.JOSEPH XAVIER
... Respondent
For Petitioner :SRI.R.AZAD BABU
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :/ /
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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W.P(C) No.35052 of 2009
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Dated this the 4th day of December, 2009
J U D G M E N T
Pius C. Kuriakose, J.
Tenant, the judgment debtor is the petitioner in this writ petition
under Article 227 of the Constitution. The order of eviction was passed
by the Rent Control Court, Alappuzha. The appeal filed by him was
dismissed by the Appellate Authority recently ie. 30.11.2009. He
wants to prefer a revision before this Court under Section 20. An
application was filed for the certified copy of the judgment of the
appellate authority. His grievance is that even as his application for
copy of the judgment of the appellate authority is pending, the
execution court, noticing the dismissal of the appeal, has ordered
delivery of the building to the decree holder.
Having regard to the averments of the writ petition and the
submissions of Sri.R.Azad Babu, the learned counsel for the petitioner,
we are the view that the writ petition can be disposed of at this stage
itself, granting limited relief to the petitioner by issuing the following
directions:
i) The Rent Control Court, Alappuzha is directed to issue
certified copy of the judgment in R.C.A.No.11 of 2009 to the petitioner
at the earliest and at any rate within two weeks of receiving a copy of
this judgment if the application for copy is in order.
ii) The Principal Munsiff Court, Alappuzha is directed to
adjourn the delivery in respect of the building, which is the subject
matter of E.P.No.64 of 2008 in R.C.A.No.7 of 2006 by one month from
today.
PIUS C.KURIAKOSE, JUDGE
K.SURENDRA MOHAN, JUDGE
ab