IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 35518 of 2008(I) -------------------------- RCRP.5/2007 of II ADDL.DISTRICT COURT,ERNAKULAM RCP.76/1999 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- PREETHA P.S., W/O.SATHEESAN N.K., HOUSE NO.35/829, NERIAMKOTT HOUSE, MAMANGALAM, EDAPPALLY, ERNAKULAM DISTRICT. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): --------------- 1. V.T.GEORGE, VADASSERY HOUSE, CHITTOOR ROAD, PACHALAM, COCHIN - 12. 2. SHINE P.S., PULICKAPARAMBIL HOUSE, PACHALAM P.O., ERNAKULAM. WRONGLY ARRAYED AS SHINE V.S., VALIYAPARAMBIL HOUSE, SRM CROSS ROAD, PACHALAM, KOCHI - 12. 3. SITA SUKUMARAN, PULICKAPARAMBIL HOUSE, PACHALAM P.O., COCHIN - 12. ADV. SRI.N.C.JOSEPH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 35518/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF EA NO.323/2000 IN EP NO.112/2000 IN RCP NO.76/1999 MUNSIFF COURT, ERNAKULAM. EXT.P2; COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT DATED 26/7/2000 FILED IN E.A. NO.323/2000 IN EP NO.112/2000 IN RCP NO.76/1999 MUNSIFF COURT. EXT.P3: COPY OF REPLY AFFIDAVIAT FILED BY THE PETITIONER DATED 18/8/2000 FILED IN EA NO.323/2000 IN EP NO.112/2000 IN RCP NO.76/1999 MUNSIFF COURT, ERNAKULAM. EXT.P4: COPY OF SSLC BOOK NO.133355 OF THE ERNAKULAM. EXT.P5: COPY OF CERTIFICATE OF TYPEWRITING IN ENGLISH (LOWER) ISSUED BY GOVERNMENT OF KERALA TO THE PETITIONER. EXT.P6: COPY OF CERTIFICATE OF TYPEWRITING IN ENGLISH (HIGHER) ISSUED BY GOVERNMENT OF KERALA TO THE PETITIONER. EXT.P7: PHOTOGRAPHS SHOWING THE PETITIONER HAS CONDUCTED THE TYPEWRITING INSTITUTE IN THE PETITION SCHEDULE BUILDING. EXT.P8: AGREEMENT DATED 3/1/1999 BETWEEN THE PETITIONER SHRI VINCENT AND SHRI SHINE. EXT.P9: PHOTOGTRAPHS OF THE PETITION SCHEDULE BUILDING. EXT.P10: PHOTOCOPY OF EXHIBIT C1 COMMISSION REPORT FILED BY ADVOCATE COMMISSONER SHAJI CHIRAYATH DATED 17/11/2000 IN RCP NO.76/1999 RENT CONTROL COURT, ERNAKULAM. EXT.;11: PHOTOCOPY OF THE ORDER PASSED BY THE MUNSIFF COURT, ERNAKULAM DATED 8/10/2007 IN EA NO.323/2000 IN EP NO. 112/2000 IN RCP NO. 76/1999, MUNASIFF COURT, ERNAKULAM. EXT.P: 12: COPY OF THE ORDER DATED 20/9/2008 PASSED BY DISTRICT COURT, ERNAKULAM IN RCRP NO. 5/2007. /TRUE COPY/ P.A. TO JUDGE. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.C.No.35518 OF 2008 ------------------------ Dated this the 24 th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. Sri.Dinesh.R.Shenoy, learned counsel for the obstructer revision petitioner addressed us extensively on all the grounds raised in the memorandum of writ petition. But, when we drew the learned counsel's attention to certain items in the trial side records which were called for by us, the learned counsel fairly conceded that interference within the narrow contours of this court's supervisory jurisdiction under Article 227 may not be easy. Counsel would request for grant of six months' time from today to surrender the premises. We feel that despite the objections from Sri.N.C.Joseph, learned counsel for the respondents, we should grant so much of time to the petitioner. 2. Accordingly, even as we confirm Exts.P11 and P12 and dispose of the writ petition without granting the relief sought for, there will be a direction to the Principal Munsiff Court of Ernakulam, which is in seizin of the execution proceedings, to WPC.No.35518/2008 2 defer delivery of the building, which is subject matter of the Rent Control Petition, to 24/8/2009 subject to the following conditions; The petitioner shall file an affidavit within seven days from today before the Execution Court undertaking to surrender the rent control petition schedule building peacefully to the first respondent on or before 23/8/2009. Once the execution court notices such an affidavit filed by the petitioner, the execution court will adjourn the execution petition to 24/8/2009. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk