IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 8887 of 2009(E) ------------------------- AGAINST THE ORDER IN EP 94/09 IN RCP.16/2008 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- JAIN ABRAHAM, AGED 41, S/O. ABRAHAM PUDUSSERY, PUDUSSERY HOUSE, PALARIVATTOM, KOCHI - 682 025, ELAMKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S): --------------- M/S. BEST BUT TV AND HOME APPLIANCES, A PARTNERSHIP FIRM WITH ITS PRINCIPAL PLACE OF BUSINESS AT 44/3305-A2,PUDUSSERY BLDGS. NEAR INTERNATIONAL STADIUM,KALOOR-17,REP.BY ITS MANAGING PARTNER,SUJARIA RANI,D/O.P.A.SHAHULHAMEED D-1,J.K.ROYAL(H),CHAMMANI ROAD,KALOOR,KOCHI-17. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.C.No.8887 OF 2009 ------------------------ Dated this the 23rd day of March, 2009 JUDGMENT Pius C.Kuriakose, J. We have gone through the report submitted by the Registrar(Judicial) pursuant to our order dated 19/3/2009. We are convinced that the learned Munsiff issued notice in the E.P. by special messenger hoping that he will be able to prepone the hearing of the E.P.to an early date so that the E.P. can be disposed of early. But, we feel that the notice to be served even if it be through special messenger will hereto mention the posting date as 8/4/2009 and the learned Munsiff may have practical difficulties in preponing the hearing of the E.P. to an earlier date without hearing the judgment debtor, who may enter appearance only on 8/4/2009. 2. Under the above circumstances, we are inclined to dispose of this writ petition at this stage itself even without issuing notice to the respondent issuing the following directions: i). The learned Munsiff will notice that the order sought to be executed is an order of summery eviction under sub section 3 of WPC.No.8887/2009 2 Section 12 and not under any of the sub sections of Section 11. ii). The learned Munsiff will further notice that the rent control court became obliged to pass the above summary order since it became clear that the judgment debtor was not inclined to pay even the rent which had fallen due in respect of the building in question subsequent to the commencement of the rent control proceedings. ii). The learned Munsiff will therefore pass necessary orders preponing the EP. to the earliest possible date and make every endeavour to ensure that the E.P. is disposed of before the court closes for mid summer holidays. Issue copy today itself. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE WPC.No.8887/2009 3 dpk