IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 OP (RC).No. 3406 of 2011(O) --------------------------- RCP.28/2008 of MUNSIFF COURT, TIRUR .................... PETITIONER/RESPONDENT: -------------------- MOHAMMED SHAMEER K.P. S/O. K.P.JAMAL KOLLATHUPARAMBIL HOUSE ALATHIYOOR (P.O.) PIN TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S)/RESPONDENTS.: --------------- 1. C.ASHOKAN S/O. CHEMMANNUR PATHMAVATHI AMMA ASHOK THRIKKANDIYOOR (PO) PIN 676 104 TIRUR TALUK, MALAPPURAM DISTRICT. 2. K.P.AYISHA, D/O. K.P.JAMAL 3. K.P.SHAJI, S/O. K.P.JAMAL 4. K.P.SALMA, D/O. K.P.JAMAL 5. K.P. SHEFEEQUE, S/O. K.P.JAMAL RESPONDENTS 2 TO 5 ARE RESIDING AT KOLLATHUPARAMBIL HOUSE ALATHIYOOR (P.O.) PIN 676 102 TIRUR TALUK, MALAPPURAM DISTRICT THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ O.P.(R.C).No. 3406 OF 2011 ------------------------ Dated this the 21st day of October, 2011 JUDGMENT Pius C.Kuriakose, J. It appears to us that the petitioner is voicing genuine grievance. The petitioner is the judgment debtor/tenant in E.P. No.84/2011 in R.C.P. No.28/2008 on the files of the Munsiff Court, Tirur. The Rent Control Court, Tirur passed an ex parte order of eviction against him in R.C.P.No.28/2008. He filed an application to set aside that ex parte order along with the application for condoning the delay caused in filing the above application. The Rent Control Court dismissed both the above applications. The grievance of the petitioner is that even before the petitioner has been issued with certified copies of those two orders so as to enable him to prefer appeal before the Appellate Authority, the learned Execution Court has ordered delivery to take place today i.e. 21st instant. 2. We are of the view that, as we are giving only limited O.P.C.No.3406/2011 2 relief to the petitioner, it is not necessary to issue notice to the respondents. We direct the learned Rent Control Court, Tirur to issue certified copies of the order in the application to set aside the ex parte order as well as the order in the application for condonation of delay (if copy applications have been filed and they are in order) within seven days of receiving a copy of this judgment. In view of the above order, we direct the Execution Court to adjourn the delivery presently ordered by three weeks from today. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk