IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 OP (RC).No. 3889 of 2011(O) --------------------------- (AGAISNT THE ORDER IN RCA NO.175/2011 OF RENT CONTROL APPELLATE AUTHORITY (DISTRCT COURT, THALASSERY) PETITIONER ----------------------- P.M. MOHAMMED ASHRAF, S/O. ABDUL RAHMAN.K.P., PROPRIETOR, OSCAR LODGE, SOUTH BAZAR, KANNUR-2. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. K.P. HAMZAKUTTY HAJI, S/O. ABOOBACKER, AGED 54 YEARS, RESIDING AT KHADEEJA MANZIL, PAMBURITHI ROAD, P.O. NARATH-670603. KANNUR DISTRICT. 2. K.P. MARIYAM, AGED 39 YEARS, D/O. ABOOBACKER, MASNA'S T.C. GATE ROAD, NARATH-670603, KANNUR. 3. K.P. ABDUL JABBAR, S/O. ABOOBACKER, AGED 43 YEARS,RESIDING AT FATHIMA MANZIL, T.C. GATE, P.O. NARATH-670603. KANNUR, NOW RESIDING AT DAMAM, SAUDI ARABIA. R-2,3 THROUGH PA HOLDER K.P.HAMSAKU- TTY HAJI, S/O.ABOBACKER,AGED 54,RES:KHADEEJA MANZIL,PERUMBURUTHI ROAD,P.O.NARATH-670603,KANNUR THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ OP.(RC).No.3889 OF 2011 ------------------------ Dated this the 29th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The tenant, who was the appellant before the Rent Control Appellate Authority, is the revision petitioner. His grievance is that even as the applications submitted by him for the carbon copy and certified copy of the judgment of the Rent Control Appellate Authority dismissing the RCA are pending, the Execution Court is going ahead with proceedings for delivering the building in favour of respondents/landlords. 2. Having considered the averments in the original petition and the submissions of Sri.M.Ramesh Chander learned counsel for the petitioner, we are of the view that limited relief can be given to the petitioner even without issuing notice to the respondents. Hence, we dispose of this original petition issuing the following directions; i). The Rent Control Appellate Authority, Thalassery is O.P.(RC) .No.3889/2011 2 directed to issue carbon copy of the judgment in RCA No.175/2011, if C.A. No.2594/2011 filed by the petitioner for such carbon copy is pending and is in order , within a period of five days of receiving a copy of this judgment to the petitioner. ii). In view of the above direction, there will be a further direction to the Execution Court - the Principal Munsiff Court, Kannur, to keep in abeyance proceedings for delivery of the building till 14/12/2011. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk