IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 OP (RC).No. 3865 of 2011(O) --------------------------- AGAINST THE ORDER IN EA.295/11,EP.6/11 IN RCP.138/2006 of PRL.M.C.KOZHIKODE-I .................... PETITIONER/PETITIONER ----------------------------------------- MATTATHODUKAYIL SYAMALA, D/O.CHANDU, P.G.COMPLEX, BANK ROAD,KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.SANTHARAM.P SMT.REKHA ARAVIND RESPONDENT(S): RESPONDENTS -------------------------- 1. M/S.P.G.COMPLEX,BANK ROAD, BY ITS MANAGING PARTNER P.M.ABDUL NAZAR, S/O.KUNHABDULLA, FIELD HOUSE, KUTTYADI AMSOM AND DESOM, VATAKARA TALUK, PIN 673 140. 2. P.M.ABDUL NAVAR, S/O.KUNHABDULLA, MANAGING PARTNER, M/S.P.G.COMPLEX, FIELD HOUSE, KUTTYADI AMSOM AND DESOM, VATAKARA TALUK, PIN 673 140. 3. RAMATH THAZHEKUNI NABEESA, D/O.KUNHALIKKUTTI, PARTNER M/S.P.G.COMPLEX, VILLIAPPALLY AMSOM, THIRUMANDA DESOM, VATAKARA TALUK, PIN 673140. 4. KUNNOTH FIRDOUSE, S/O.MOIDU HAJI, PARTNER, M/S.P.G.COMPLEX, VILLIAPPALLY AMSOM, THIRUMANA DESOM, VATAKARA TALUK, PIN 673140. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ O.P.(RC).No. 3865 OF 2011 ------------------------ Dated this the 28th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who is ordered to be evicted under Section 11 (2)(b), seeks a direction to the Execution Court to issue certified copy of the order in E.A. No.295/2011 in E.P. No.6/2011 in RCP No138/2006 to the petitioner at the earliest. According to the petitioner, unless she gets opportunity to challenge the order in E.A. No.295/2011, she stands the risk of being thrown out of the building. 2. Sri.P.Santharam learned counsel for the petitioner submits that the Execution Court has already ordered delivery and the Amin has been authorised to break open the building. According to the learned counsel, the prayer in E.A. No.295/2011 is that until the regular civil court, which is presently in seizin of the title issue, decides that issue, the execution proceedings be kept in abeyance. 3. We are not at all convinced as to the right of the O.P.(RC)No.3865/2011 2 petitioner to seek suspension of proceedings for execution of eviction order, that too one passed on the ground of arrears of rent only on the reason that the Civil Court is presently adjudicating the question of title to the building in question. It is obvious that the petitioner either did not deny the respondents' title before the Rent Control Court or the denial made by the petitioner was found by the Rent Control Court to be not bona fide. Nevertheless considering the very limited nature of the relief sought for by the petitioner, we are inclined to grant relief to a certain extent even without issuing notice to the respondents. 4. Accordingly, we dispose of this original petition in the following terms; i). If C.A. No.1729/2011 filed by the petitioner for getting certified copy of the order in E.A. No.295/2011 in EP No.6/2011 in RCP No.138/2006 is pending and the same is in order the Execution Court ( the Munsiff Court I B, Kozhikode) is directed to issue the copy applied for to the petitioner early and at any rate within three days of receiving a copy of this judgment. ii). Considering the above direction, there will be a further O.P.(RC)No.3865/2011 3 direction to the Execution Court to adjourn proceedings for delivery presently ordered till 9/12/2011. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk