IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35895 of 2009(F)
1. BASHEER.A.E., AGED 29 YEARS,
... Petitioner
Vs
1. NANDINI.S., AGED ABOUT 42 YEARS,
... Respondent
For Petitioner :SRI.BABU KARUKAPADATH
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :14/12/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
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W.P.(C).No.35895 OF 2009
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Dated this the 14th day of December, 2009
JUDGMENT
Pius C.Kuriakose, J.
This petition under Article 226 is filed by the tenant against
whom the Rent Control Court has passed an order of eviction
ex parte. Ext.P4 application has been filed by him for getting
that order set aside. Since Ext.P4 was not filed on time, he has
filed Ext.P5 seeking condonation of delay. The grievance of the
petitioner is that even as Ext.P4 and P5 are pending, the landlord
has filed Execution Petition and the petitioner stands the risk
of being evicted even before Exts.P4 and P5 are disposed of by
the Rent Control Court.
2. Sri.Babu Karukapadath, learned counsel for the writ
petitioner submitted that his client is prepared to suffer any
condition which may be imposed by this court and he requested
that Exts.P4 and P5 be allowed on suitable terms and the Rent
Control Court be directed to dispose of the RCP after enquiry.
3. The learned counsel for the respondent Sri.K.B.Dayal
WPC.No.35895/2009 2
opposes the above submission. According to him, reasons
stated in Exts.P4 and P5 are not valid. He, however, has no
serious objection in the Rent Control Court being directed to
dispose of Exts.P4 and P5 early.
4. Having considered the rival submissions, we are of the
view that the Rent Control Court should be directed to take an
early decision on Exts.P4 and P5 and that it should be ensured
that the writ petitioner is not evicted before decision is taken on
Exts.P4 and P5 by the Rent Control Court. Accordingly, we
dispose of the writ petition in the following terms;
i). The Rent Control Court, Ernakulam
is directed to take up Exts.P4 and P5 hold
necessary enquiries and dispose of both those
petitions in accordance with law at the
earliest and at any rate within one month of
receiving a copy of this judgment.
ii). The Principal Munsiff Court,
Ernakulam is directed not to order and
effect delivery of the building which is
subject matter of Ext.P3 eviction order till
WPC.No.35895/2009 3
Exts.P4 and P5 are disposed of by the Rent
Control Court.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
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