IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 OP (RC).No. 1992 of 2011(O) --------------------------- AGAINST THE ORDER IN EP.27/2011 IN RCP.17/2006 of MUNSIFF COURT, TIRUR .................... PETITIONER ------------------------ CHERACHAMVEETTIL MALIYEKKAL JAMEELA, D/O.KUNHON,MALIYAKKAL HOUSE,TRIPRANGODE AMSOM DESOM,TIRUR TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- ABOOBACKER,S/O.KUTTIPARAMBIL KUNHEEN, THIRUNAVAYA AMSOM,EDAKULAM DESOM,TIRUR TALUK, MALAPPURAM DISTRICT. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.(RC).No. 1992 OF 2011 ------------------------ Dated this the 23rd day of June, 2011 JUDGMENT Pius C.Kuriakose, J. In the limited nature of the relief that we are giving to the petitioner, we do not think it necessary to issue notice to the respondent. 2. The grievance of the petitioner, who is the decree holder in E.P. No.27/2011 in RCP No.17/2006 before the Munsiff Court, Tirur, is that the Execution Court/Munsiff Court is not expeditiously disposing of E.P. No.27/2011. E.P. No.27/2011 is filed by the petitioner for execution of an order of eviction passed in her favour by the Rent Control Court and confirmed by the Rent Control Appellate Authority and by this court in Ext.P4. 3. Ext.P7 statement of objections filed to the execution petition will show that the respondent has filed SLP against Ext.P4 order of this court. The request in Ext.P7 is that in view of the SLP filed against Ext.P4, the Execution Petition be closed by the Execution Court. OPRC .No.1992/2011 2 4. We are told that the Execution Petition stands posted presently to 29/6/2011. The Supreme Court is presently closed for vacation. If we insist that the Execution Court should order immediate delivery of the building, it will not be proper. We direct the Execution Court to wait for one month after the Supreme Court re-opens after vacation and if it is noticed that the Hon'ble Supreme Court has not stayed the execution proceedings, the Execution Court will go ahead with execution of the eviction order which is confirmed under Ext.P4. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk