IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 36034 of 2009(Y) -------------------------- AGAINST THE ORDER IN EP 86/2009 IN RCP.37/2006 of PRL.M.C., KOLLAM .................... PETITIONER(S): --------------- B.RAVIKUMARAN PILLAI, 49 YEARS S/O.BHARGHAVAN PILLAI KALLIYIL THEKKATHIL THEKKE VEEDU, ARUNOOTIMANGALAM CHERY, MANGAD VILLAGE BY ADV. SRI.T.R.ASWAS RESPONDENT(S): --------------- 1. MALIK MOHAMMED, S/O.SYED MOHAMMED PUTHUVEETIL PURAYIDOM MANAKADU CHERRY, VADAKKEVILA CHERRY & VILLAGE, KOLLAM TALUK 2. SAYED MOHAMMED BASHEER LIONS COLONY, MUNDAKAL CHERRY MUNDAKAL VILLAGE, KOLLAM 3. ANILKUMAR, S/O.BHARGHAVAN PILLAI KALLIYIL THEKKATHIL THEKKE VEEDU, ARUNOOTIMANGALAM CHERRY, MANGAD VILLAGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009 , THE COURT ON 14/12/2009 DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` W.P.(C) No. 36034 of 2009 Y ``````````````````````````````````````````````````````` Dated this the 14th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. This writ petition under Article 227 of the Constitution of India is filed by the tenant. Ext.P2 order of eviction was passed ex parte. His application for setting aside the above order of eviction was dismissed by the Rent Control Court. It became necessary for him to file three rent control appeals, namely RCA Nos.55/2007, 14/2009 and 18/2009. While RCA Nos.14/2009 and 18/2009 were directed against the order of the Rent Control Court dismissing the application to set aside the ex parte order and the application to condone the delay caused in the matter of filing that application, RCA No.55/2007 was filed by the petitioner even earlier being aggrieved by the decision taken by the Rent Control Court, finding that the denial of landlord's title is not bonafide. Under Ext.P3, the appellate authority has dismissed all the appeals. The grievance of the petitioner is that even before he could challenge Ext.P3 before this Court by filing regular revision WPC.36034/09 : 2 : under Section 20, the execution court has ordered delivery of the building, which is scheduled to be taken place on 17-12-2009. 2. Having regard to the averments in the writ petition and the various documents placed on record and the submissions of Sri.T.R.Aswas, learned counsel for the petitioner, we are of the view that, at this stage itself, the writ petition can be disposed of granting limited relief to the petitioner. Accordingly, we dispose of the writ petition in the following terms:- The Execution Court, namely the Principal Munsiff Court, Kollam, is directed to adjourn delivery of the building, which is the subject matter of the Execution Petition in RCP No.37/2006, to 11-01-2010. Issue copy today itself. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (K.SURENDRA MOHAN, JUDGE) aks // True Copy // P.A. To Judge