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 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 21212 of 2009(V) -------------------------- AGAINST THE ORDER DATED 08/06/2009 IN IA-843-2009 IN RCP.15/2007 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER(S): --------------- C.O.AZEEZ, S/O.JAFFAR, HOTEL BUSINESS, KARUVANCHAL AMSOM, KALLAYMUKKU DESOM, KOTTAYADUKALAYMUKKU, P.O.KARUVANCHAL, THALIPARAMBA. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- KAYYALAKATH ABDUL JALEEL, S/O.ABDULLA KUTTY HAJI, PAZHASSI AMSOM, MATTANUR DESOM, REP. BY HIS POWER OF ATTORNEY KAYYALAKATH ABOOBACKER, S/O.MAMMU HAJI, KEEZHHALLUR AMSOM, KONGERI DESOM, KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ W.P.(C)No.21212 OF 2009 ------------------------ Dated this the 28th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. The tenant is the revision petitioner in this writ petition under Article 227. He has suffered an ex parte order of eviction at the hands of the rent control court. He filed application before the rent control court for getting the above order set aside. Since that application was not filed on time, he filed separate application seeking condonation of delay. Both these applications were dismissed by the rent control court by Ext.P4 order. The grievance of the petitioner is that in the meanwhile, the Execution Court has ordered delivery and according to Smt.Govindu P.Renukadevi, learned counsel for the petitioner, if the order of delivery is implemented, the appeal, which the petitioner tenant intends to file against Ext.P4 and also against the ex parte order of eviction, will be rendered infructuous. According to the learned counsel, though copy was applied for, the petitioner is yet to obtain a copy of Ext.P4 ex parte order of eviction passed by the rent control court. The learned counsel WPC.No.21212/2009 2 seeks breathing time so that the petitioner is able to prefer appeal and obtain stay of the execution proceedings. 2. Having regarding to the averments in the writ petition and the very persuasive submissions of Smt.Govindu P.Renukadevi, we are inclined to grant some time to the petitioner for moving the rent control appellate authority. However, we are inclined to do so only by imposing conditions. Accordingly, this writ petition is disposed of issuing the following directions; The Munsiff Court, Thaliparamba, which is presently in seizin of the proceedings for execution of the order in E.P.No.193/2008 in RCP No.15/2007, is directed to keep in abeyance all proceedings for delivery of the building which is subject matter of the EP for a period of one month from today on condition that the petitioner pays to the respondent either directly or through the respondent's counsel before the rent WPC.No.21212/2009 3 control court or the execution court within three weeks from today a sum of Rs.1,00,000/- (Rupees One Lakh only) without prejudice to the petitioner's contention regarding the arrears of rent. It is made clear that if payment is not made as directed above, the petitioner will not get the benefit of this judgment, in which case this writ petition will stand dismissed. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk