IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 11229 of 2009(W) -------------------------- RCA.11/2009 of D.C. & SESSIONS COURT,KOZHIKODE RCP.84/2007 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER(S): --------------- K.MOHANDAS, S/O.KARIMBIL APPU, 4/528-A, KARIMBIL HOUSE, JOSEPH ROAD, KATCHERI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.M.C.ANTONY RESPONDENT(S): --------------- 1. V.MANJUNATH BHAT, S/O.VARADARAJ BHAT, GEETHANJALI, KATCHERI AMSOM DESOM, KOZHIKODE. 2. LEELA, D/O.LATE ACHUTHAN, KARIMBIL HOUSE, JOSEPH ROAD, KACHERI AMSOM DESOM, KOZHIKODE - 32. 3. RAJALAKSHMI, D/O.LATE ACHUTHAN, KARIMBIL HOUSE, JOSEPH ROAD, KACHERI AMSOM DESOM, KOZHIKODE - 32. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ W.P.(C)No.11229 OF 2009 ------------------------ Dated this the 26th day of May, 2009 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 227 has been filed by the petitioner, who claims to be the tenant of a building of which the order of eviction has been passed in RCP No.84/2007 by the Rent Control Court, Kozhikode, seeking mainly following relief; “ii). Issue a writ of mandamus or any other appropriate writ, order or direction directing the Execution Court not to effect delivery of petition schedule shop room in EP No.237/2008 in RCP No.84/2007 on the file of the Principal Munsiff Court -II Kozhikode pending disposal of Ext.P9 Appeal.” 2. Various grounds have been raised and we do not propose to examine the merits of those grounds. We notice that Ext.P12 application has been filed by the petitioner before the Execution Court seeking his impleadment as a party in the WPC.No.11229/2009 2 execution petition. We are informed that Ext.P12 is even now pending. Under the above circumstances, we dispose of this writ petition directing the execution court to take up Ext.P12 immediately, hear both sides and dispose of Ext.P12 at the earliest and at any rate within three weeks of receiving a copy of this judgment. Considering the above direction, we further direct the execution court not to effect delivery of the petition schedule building, which is subject matter of the rent control petition, for a period of four weeks from today. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk