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 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5676 of 2009(D) ------------------------- PETITIONER(S): --------------- K.P. KHALID, S/O. LATE N.V.C., AYSHA, THADAMPATTUTHAZHAM, VENGERI, KOZHIKODE -10, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER - A.T. USMAN, S/O. MAMMAD KOYA, KOYAPARAMBA, HALWA BAZAAR, KOCHJIKKODE -1. BY ADV. SRI.N.SUBRAMANIAM RESPONDENT(S): --------------- T.A.MAJEED, S/O. MENMOODH, PALLATHUDIL PARAMBU, NEAR P.J. ANTONY GROUND PACHALA, KALOOR, AMSOM & DESOM, ERNAKULAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.5676 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. The grievance of the petitioner who is a tenant against whom ex parte order of eviction has been passed by the Rent Control Court, Kozhikode in R.C.P.No.120/2002, is that even as the appeal preferred by him before the Rent Control Appellate Authority, Kozhikode against the ex parte order of eviction is pending, the execution court has dismissed Exts.P2 and P3 applications filed by him for stay ordered delivery and thereby rendered the rent control appeal infructuous. 2. We do not propose to go into the merits of the various grounds raised. Sri.M.S.Narayanan, learned counsel for the petitioner submits that application for issuance of copy of the order passed by the learned Munsiff on Exts.P2 and P3 applications has been filed as C.A.No.32/09 and that atleast a breathing time should be allowed to the petitioner for challenging the orders passed by the learned Munsiff WPC.No.5676/09 2 under Section 14 of the Rent Control Act. Sri.Narayanan submits that the petitioner is carrying on business in the subject building. We feel that there is justification for granting a short time to the revision petitioner for filing revision to District Court against the order passed by the learned Munsiff. Accordingly, we dispose of the writ petition at this stage itself issuing the following directions; The Principal Munsiff, Kozhikode, who is in seizin of E.P.No.122/05 in R.C.P.No.128/2002, is directed to issue copies of the order passed by him on Exts.P2 and P3 applications on E.A.No.94/2009 and 95/2009, provided the application filed by the petitioner in that regard is in order, within five days of receiving a copy of this judgment. In view of the above direction, we also direct the learned Munsiff to adjourn the delivery already ordered by atleast ten days. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. WPC.No.5676/09 2