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 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4807 of 2010(A) ------------------------- RCP 104/07 IN EP.442/2009 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- DR.BABU THOMAS, AGED 52 YEARS, S/O. K.P.THOMAS, KOLUTHAL HOUSE, MULANTHURUTHY DESOM, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK. BY ADV. MR. K.K.MOHAMED RAVUF MR. K.PAUL KURIAKOSE RESPONDENT(S): --------------- VARGHESE GEORGE.K.,AGED 50 YEARS, S/O.GEORGE VARGHESE, KATTUMANGATTU HOUSE, MULANTHURUTHY DESOM, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- W.P(C). No. 4807 of 2010 ---------------------------------- Dated this the 15th day of February, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The tenant is the petitioner in this writ petition filed under Article 227 and we are of the view that in the nature of limited relief that we are giving hereunder it is not necessary to issue notice to the respondent. The appeal preferred by the revision petitioner against the order of eviction passed on the ground of under Section 12 was rejected by the Appellate Authority on the reason that sufficient cause was not made out by the petitioner for condoning the delay. The petitioner has filed an application for obtaining a carbon copy of the judgment rejecting the RCA. His grievance is that even before that copy application is complied with and the execution court has ordered delivery and he stands the risk of being immediately dispossessed. We are of the view that without examining the merits of the grounds raised in the WP(C) the writ petition can be disposed of on issuing the following directions: WP(C).4807/10-A 2 If application for carbon copy submitted by the petitioner in respect of the order dt. 12.2.2010 in RCA. 64/09 is in order and the same is pending, the Rent Control Appellate Authority, Ernakulam which in seizin of that carbon copy application will issue copy at the earliest and at any rate within five days of receiving copy of this judgment. 2. In view of the above directions we direct the Principal Munsiff Court, Ernakulam to adjourn delivery of presently ordered EP.442/09 in RCP.104/07 by ten days from 17th February, 2010. Issue copy of this judgment today itself. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb