IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 20786 of 2010(W) -------------------------- RCP.14/2009 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S)/JUDGMENT DEBTOR: --------------- SABITHA LALAN, AGED 35 YEARS, W/O.S.V.LALAN, SASTHAMPARAMBIL HOUSE, PONNARIMANGALAM, MULAVUKAD. BY ADV. SRI.T.I.DANIEL RESPONDENT(S)/DECREE HOLDER: --------------- M.V.BAHULEYAN, S/O.VELU, BUSINESS, MULLOOR VEETTIL, THRIKKANARVATTOM DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK. ADV. SRI.JIMMY JOHN SRI.SABU PULLAN FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 20786 OF 2010 ------------------------ Dated this the 8th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. The tenant is the petitioner in this writ petition under Article 227. The grievance, which she voices, is that the Rent Control Court, Ernakulam passed an order of eviction on the grounds of arrears of rent and cessation of occupation without actually serving notice of the RCP on her. According to her, the respondent/landlord is now levying execution of that eviction order and that too showing not her permanent address in the E.P. but the address of the building which remains closed even according to the landlord. 2. Mr.T.I.Daniel, learned counsel for the petitioner, submitted that the petitioner has already filed application before the Rent Control Court for getting the ex parte eviction order set aside. The learned counsel submitted that a separate application has been field seeking condonation of delay also. His request is that at least till such time the Rent Control Court takes decision on the petition to set aside ex parte order, the Execution Court WPC.No.20786/2010 2 be directed to refrain from ordering delivery. 3. Having regard to the submissions of Mr.T.I.Daniel, we feel that even without examining the merit of the grounds raised and the correctness of his submission regarding the circumstances under which ex parte order of eviction happened to be passed against the petitioner, limited relief can be given to the petitioner. Hence, we dispose of this writ petition continuing the interim order already passed by us in this writ petition till 30/8/2010. The Execution Court shall not order delivery of the building in question till that date. It is open to the petitioner to seek appropriate reliefs from the Rent control Court or any other authority under the Rent Control Act in the meanwhile. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk