IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No.17059 of 2009(B) --------------------------------- E. A.73/09 IN RCP.34/06 OF MUNSIFF'S COURT, CHANGANACHERRY PETITIONER(S): ------------------ JOHN SIMON, SON OF K.S.JOHN, KANJIRATHUMMOOTTIL, PUNNAKUNNAM, THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENT(S): -------------------- GEETHA KUMARI, D/O. SUBHADRAMMA, CHENKILATHU HOUSE, PAIPPADU, HARIPPAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ W. P. C. No.17059 of 209 ------------------------------------------------ Dated this the 19th day of June, 2009 JUDGMENT Pius C. Kuriakose, J Today we have passed an interim order which according to the learned counsel for the petitioner, grants all reliefs which could be aspired for in the Writ Petition. In view of that interim order, this Writ Petition is disposed of without granting further orders. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/- W. P. C. No.17059 of 2009 -2- PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ W. P. C. No.17059 of 2009 ------------------------------------------------ Dated this the 19th day of June, 2009 ORDER Pius C. Kuriakose, J The prayer in this Writ Petition filed under Article 227 of the Constitution of India is that the petitioner/tenant may be issued with a copy of the order passed by the execution court in E.A.73/09 in RCP.34/06 pending on the files of the Munsiff's Court, Changanacherry. 2. The petitioner is the tenant against whom the Rent Control Court has passed order of eviction under Section 11(3). The case of the revision petitioner is that against the order of eviction, he has filed Rent W. P. C. No.17059 of 2009 -3- Control Appeal before the Appellate Authority. But that appeal is not being entertained due to delay. Explaining the delay and seeking time, the petitioner filed E.A.73/09 before the execution court. The grievance of the petitioner is that the EA was dismissed and the execution court has now ordered delivery of the property on the 22nd instant. 3. Sri.P.Haridas, the learned counsel for the petitioner has addressed us very persuasively. He requested that delivery be deferred till such time the RCA is disposed of. 4. We are unable to grant the request of the learned counsel. But at the same time, we feel that the second prayer in the Writ Petition, i.e. to direct the execution court to issue a copy of order on E.A.73/09, W. P. C. No.17059 of 2009 -4- can be granted and the order of delivery can be deferred till 30th of June, 2009. Accordingly, we issue the following directions:- 1) If the copy application filed by the petitioner for obtaining copy of the order in E.A.73/09 is in order and is pending, the execution court (Munsiff Court of Changanacherry) will issue copy to the petitioner on usual terms, at the earliest and at any rate, within three days of receiving a copy of this order. Considering the above direction, the execution court is directed to adjourn the delivery presently scheduled for the 22nd June, 2009 to the 30th June, 2009. It is open to the writ petitioner to pursue all other remedies available to him in law by making appropriate petitions before the Rent Control Appellate W. P. C. No.17059 of 2009 -5- Authority and by challenging the order in E.A.73/09 in accordance with law. H/o PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-