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 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 17596 of 2010(Y) -------------------------------- RCP.12/2009 of PRL.MUNSIFF, KASARAGOD .................... PETITIONER(S): ----------------- K.A.NAFEESATHUL MISSIRIYA, AGED 30 YEARS, S/O.M.H.MOHAMMED, MUSLIM, BUSINESS, R/AT VIDYANAGAR, KASASRAGOD KASBA VILLAGE, VIDYANAGAR POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): ------------------- 1. MOHAMMED KUNHI, AGED 48 YEARS, S/O.ABDUL KHADER, R/AT THALANGARA CLUSTER OPP.MARXIST BHAVAN, NULLIPPADY, KASARAGOD KASBA VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. REMEESA MOHAMMED KUNHI, W/O.M.MOHAMMED KUNHI, R/AT THALANGARA CLUSTER OPP.MARXIST BHAVAN, NULLIPPADY, KASARAGOD KASBA VILLAGE, KASARGOD TALUK, KASARAGOD DISTRICT. ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17596 of 2010 ------------------------------------------------ Dated this the 11th day of June, 2010 JUDGMENT Pius C. Kuriakose, J Under challenge in this Writ Petition filed under Article 227 of the Constitution of India is Ext.P7 order by which the learned Rent Control Court, Kasaragod dismissed the application filed by the petitioner/tenant for setting aside the ex parte order that was passed against him and also for condoning the delay caused in the matter of filing the above application. 2. Having heard the submissions of Sri.Kodoth Sreedharan, the learned counsel for the petitioner and those of Sri.V.V.Asokan, the learned counsel for the respondent, we are of the W. P. C. No.17596 of 2010 -2- view that the learned Rent Control Court could have allowed the application filed by the petitioner imposing suitable terms. Hence, setting aside Ext.P7 we allow both the applications filed by the petitioner and set aside the ex parte order of eviction which was passed by the court against the petitioner. However, this will be on condition that the petitioner pays a sum of Rs.5,000/- by way of cost to the respondent/landlord through his Advocate in this Court within seven days from today. There will be a further condition that the petitioner pays a sum of Rs.2,500/- to the High Court Legal Services Committee within the same time limit. This order setting aside Ext.P7 and allowing I.A.888/10 and I.A.685/10 will become operative only if payments are made on time and receipts are produced before the Rent Control W. P. C. No.17596 of 2010 -3- Court within two weeks from today. Once the learned Rent Control Court notices that our judgment has become operative, the court will post the RCP for trial by publishing an additional special list for the same; try the RCP on a day-to- day basis; complete the trial and pass final orders in the RCP at the earliest. In any event, the learned Rent Control Court will ensure that final orders are passed in the RCP within one month of this judgment becoming operative. 3. This Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-