IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 266 of 2010()
1. I.N.T.U.C. MUNDAKKAYAM REPRESENTED BY
... Petitioner
2. THIRUKKOCHI THOTTAM THOZHILALI UNION
3. HEAD LOAD TIMBER GENERAL WORKERS
Vs
1. V.S.MRAIAM BEEVI, W/O.LATE MUSTHAFA,
... Respondent
2. ALEYAMMA JOSEPH,W/O.LATE P.D.JOSEPH,
3. MARITTA JOSEPH, W/O.DINESH MURIKKAN,
4. MERRY JOSEPH, W/O.LATE JOSEPH SCARIA,
5. P.J.CHACKO, S/O.LATE P.D.JOSEPH,
6. P.J.DOMINIC, S/O.LATE P.D.JOSEPH,
For Petitioner :SRI.RAJEEV V.KURUP
For Respondent :SRI.K.A.HASSAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :14/09/2010
O R D E R
PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ.
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R.C.R.No. 266 OF 2010
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Dated this the 14th day of September, 2010
O R D E R
Pius C.Kuriakose, J.
The learned counsel for the revision petitioners would very
fairly bring to our notice the judgment of this Court in R.C.R.
No.225/2010 and connected cases. He submitted that those
judgments are in respect of similar orders passed in respect of
other portions of the larger building, a part of which only is the
building which is subject matter of the present RCR. He agreed
that in the teeth of those judgments, it will be difficult for the
revision petitioners to successfully assail the impugned judgment.
He only requested that the time be granted till 15/11/2010, so
that the revision petitioners can continue in possession till the
Panchayat elections are over.
2. We feel that the request of the learned counsel for the
revision petitioners is reasonable. In view of the various reasons
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stated by this Court in the common judgment in R.C.R.
No.225/2010 & connected cases, we do not find any illegality,
irregularity or impropriety, as envisaged by Section 20 of Act 2
of 1965, about the judgment of the Appellate Authority, which is
impugned in this revision.
3. The RCR will stand dismissed. However, the Execution
Court is directed not to order and effect delivery of the building in
question till 15/11/2010 subject to the following conditions;
The Secretary of the first revision petitioner
representing the first revision petitioner and the
other two revision petitioners will file an affidavit
before the Execution Court within three weeks
from today undertaking to give peaceful surrender
of the building in question to the first respondent
landlady on or before 15/11/2010 and undertaking
further that arrears of rent if any found in respect
of the building will be discharged within one month
and also that occupational charges at the current
rent rate will also be paid till such time as the
building is surrendered.
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We make it clear that the revision petitioners will get benefit
of time granted as above, only if the affidavit as directed above is
filed on time.
PIUS C.KURIAKOSE,JUDGE
P.S.GOPINATHAN, JUDGE
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PIUS C.KURIAKOSE,JUDGE
P.S.GOPINATHAN, JUDGE
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