IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30199 OF 2008(T) ---------------------- EP 165/2008 IN RCP.1/2007 OF RENT CONTROL COURT, CHALAKUDY PETITIONER: --------------- SIVADAS, AGED 40, S/O. KORANGATHU PADMANABHAN, KUNNAPPALLY DESOM, MELUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: --------------- POLLY, S/O. JACOB, KIZHAKKECHALAKKUDY VILLAGE DESOM, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 30199 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF OCTOBER, 2008. J U D G M E N T Raman, J. Petitioner is the tenant of a building, against whom eviction proceedings - R.C.P. 1/2007 was filed by the respondent herein. The said petition was filed alleging arrears of rent under Section 11(2)(b) of the Kerala Buildings (Lease & Rent Control) Act, which happened to be decreed exparte against the petitioner herein. He filed I.A. 1737/2008 seeking to set aside the exparte order and it is stated that the said application was dismissed on 30.9.2008. Though a copy application was made, he has not been issued with a copy of the order passed in the said application so as to enable him to work out his remedy therefrom. In the meantime,execution pursuant to the order is proceeded with and it is in such circumstances, that petitioner has come up with this writ petition. 2. The limited prayer made by the petitioner in this writ petition is for a direction to the Rent Control Court, Chalakkudy to issue a copy of the order in I.A. 1737/2008 as applied for before delivery is taken. WP(C) 30199/2008 :2: 3. In the factual situation and considering the urgency of the matter and in view of the limited prayer made by the petitioner, we do not think it is necessary to issue notice to the respondent. Since the petitioner's application I.A. 1737/2008 seeking to set aside the exparte order has been dismissed on 30.9.2008, necessarily he is entitled to get a copy of the said order to work out his remedy. In such circumstances, the Rent Control Court, Chalakkudy, is directed to issue a copy of the order in I.A. 1737/2008 to the petitioner as applied for, expeditiously, at any rate, within a period of one week from today. The execution proceedings now pending in R.C.P. 1/2007 will stand deferred for a period of ten days. The writ petition is disposed of as above. (Issue photo copy urgently). P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-