IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30812 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 107/2009 IN OS.92/2001 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): --------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION LTD. POST BOX.NO.2030, MAVELLY BHAVAN, MAVELLY ROAD, GANDHINAGAR, REPRESENTE BY CHAIRMAN AND MANAGING DIRECTOR. 2. THE ASSISTANT MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., TALUK DEPOT TIRUR. BY ADV. SMT.MOLLY JACOB, SC, SUPPLYCO RESPONDENT(S): --------------- 1. K.V.SUBHADRA VARASIYA, W/O. PULPPATTA VARIYATH SOMASUNDARAM. 2. MARAKKARA GRAMA PANCHAYATH, PRESENTED BY SECRETARY,MARAKKARA GRAMA PANCHAYATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * W.P. (c ) No. 30812 of 2009 * * * * * * * * * * * * * Dated: 29th October, 2009 JUDGMENT The petitioners who are the Kerala State Civil Supplies Corporation and its Assistant Manager are defendants 1 and 2 in O.S. 92/2001 on the file of the Munsiff's Court, Tirur. The said suit filed by the first respondent herein was one for damages for use and occupation and for recovery of possession of the plaint schedule building which was used for running a Maveli Store in Marakkara Panchayath in Kadampuzha. According to the plaintiff, the defendants kept the rent in arrears. 2. The appellants contended that the rent agreed to was at the rate of Rs. 2.50/- per square foot. The suit was decreed ex-parte on 6-10-2004 holding that the rate of rent was Rs. 7/- per square foot as alleged by the plaintiff for the W.P. (c ) No. 30812 of 2009 -:2:- 391.95 square feet let out to the defendants. An application under Order IX Rule 13 C.P.C. filed by the petitioners to set aside the ex-parte decree was allowed on condition that the entire arrears of rent and a cost of Rs. 10,000/- was paid. The amount as directed was paid and was accepted by the plaintiff who, however, filed I.A.No.2224/2007 for review of the order dated 15-11-2007 passed on the petition under Order IX Rule 13 C.P.C. It was contended that the rent which was paid by the defendants and received by the plaintiff was only at the rate of Rs. 2.50/- per square foot and not at the rate of Rs. 7/- per square foot. Notwithstanding the objection filed by the petitioners, the said order was reviewed as per Ext.P4 order. Aggrieved by Ext.P4 order dated 15- 11-2008 the petitioners have filed an appeal before the Sub Court, Tirur as A.S. No. 119/2009. I.A.3392/2005 is the application filed by them for condoning the delay in filing the appeal and and W.P. (c ) No. 30812 of 2009 -:3:- I.A. 3393/2009 is for a stay of all further proceedings. The grievance of the petitioners is that taking advantage of the fact that the appeal was filed out of time, the plaintiff has initiated steps for realisation of the amount fixed under Ext.P4 order by attaching the vehicles of the petitioners. In the meanwhile, the Maveli Store which was run in the suit premises have been shifted to another building and this fact had been reported to the Executing Court where E.P. 102/02 was pending. Having regard to the above narration of facts, I am of the view that a direction is to be issued to the Sub Court, Tirur to take up I.A. 3392 of 2009 for disposal and pass appropriate orders after giving both sides an opportunity of being heard. Accordingly, this petition is disposed of directing the Sub court, Tirur to dispose of I.A. 3392 of 2009 expeditiously and at any rate, within three weeks of appearance of the plaintiff/decree W.P. (c ) No. 30812 of 2009 -:4:- holder in the said petition. In case, the delay is condoned, that Court shall take up the appeal filed as A.S. 119 of 2009 for hearing on admission and dispose of the same as expeditiously as possible. Until the disposal of I.A. 3392/09, status quo with regard to E.P. 107/07 in O.S. No. 92/2001 as on today shall be maintained by both sides. Dated, this the 29th day of October 2009. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani.