IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33886 of 2008(H) -------------------------- AGAINST THE ORDER IN EA 1321/2008 IN E.P.100/08 IN OS.373/2006 of ADDL.SUB COURT, NORTH PARAVUR .................... PETITIONER: --------------- BATA INDIA LIMITED, REP. BY ITS DISTRICT MANAGER M.B. PRABHU, S/O SRI.M.C.BOPAIAH, 2205, THAMMANAM ROAD, KATHRIKADAV JUNCTION, KOCHI-17 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT: ---------------- ST.ANTONY'S MONASTERY, ALUVA, REP. BY 'PRIOR' FR. JOSE CLEATUS, S/O THOMAS, PLAKKAL, ALUVA KARA, ALUVA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.33886 of 2008 ------------------------------------------------ Dated this the 17th day of November, 2008 JUDGMENT Petitioner is the tenant of a shop room under the respondent at Aluva wherein they are conducting a shop room of Bata India Ltd. The respondent being the Church and its properties having been exempted from application of the Rent Control Act, they filed O.S.373/06 before the Sub Court, North Paravur for eviction of the petitioner. The suit was decreed ex parte. 2. It is submitted by the counsel for the petitioner that petition to set aside ex parte decree along with a petition to condone the delay is filed before the Sub Court, but there being delay in filing the petition the Sub Judge has not granted any order staying execution of the ex parte decree so passed. According to the petitioner, the Amin has now reached their shop room and is preparing inventory to have them evicted. According to the counsel for the petitioner, there was some discussions with the W. P. C. No.33886 of 2008 -2- respondent/landlord for rent being revised at an agreed rate and a fresh lease deed being executed and that if eviction is effected today the petitioner will be put to irreparable injury and hardship, they having not obtained any alternate site for conduct of the shop room and are also unable to shift the goods in trade to any other place. Counsel for the petitioner prays that a short time be granted to the petitioner either to effect settlement with the respondent and to continue in occupation of the scheduled building under a fresh tenancy arrangement or breathing time be granted to surrender vacant possession of the scheduled building to the respondent. 3. I have considered the entire circumstances in this case. In the nature of the judgment that I propose to make in this Writ Petition notice to the respondent is not necessary and is dispensed with. If at all delivery of the scheduled building has not been effected by 3.30 p.m today when this judgment is being passed, delivery shall not be effected today, it shall stand adjourned to W. P. C. No.33886 of 2008 -3- 22/11/08. If at all delivery is already effected, no redelivery need be had. In case delivery is not already effected and delivery stands adjourned to 22/11/08 in view of this judgment, the petitioner can settle the matters with the respondent on or before 21/11/08 and may take over the scheduled building on fresh tenancy arrangements. If they are not successful, they are to surrender vacant possession of the scheduled building on 22/11/08. As offered by the counsel for the petitioner the entire arrears of rent as on today also will have to be deposited before court positively on or before 19/11/08. The petitioner shall not proceed with the petitions filed before the Sub Court claiming setting aside of the ex parte decree condoning the delay. Registry to communicate this judgment forthwith to the Amin who is deputed with warrant through the Munsiff's Court, Aluva. In case all rents in arrears is not deposited positively on or before 19/11/08 delivery will be effected positively on 20/11/08. 4. With the above directions I dispose of W. P. C. No.33886 of 2008 -4- this Writ Petition. A copy of this judgment shall be produced by the petitioner before the Sub Court, North Paravur with notice to the respondent forthwith as this Writ Petition is being disposed of without notice to the respondent. Issue urgent copy of this judgment to the counsel for the petitioner. K.P.BALACHANDRAN, JUDGE kns/-