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 29TH JULY 2011 / 7TH SRAVANA 1933 OP (RC).No. 2182 of 2011(O) ------------------------------------ RCA.62/2010 of DISTRICT COURT, PALAKKAD (RENT CONTROL APPELLATE AUTHORITY) RCP.5/2009 of MUNSIFF COURT, ALATHUR (RENT CONTROLLER). .................... PETITIONER (S): ------------------------- SASI @ SASIDHARAN, S/O. LATE VELU, AGED 53 YEARS, CHUNGATHODI HOUSE, MANIMANDIRAM, VADAKKANCHERY, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA RESPONDENT(S): -------------------------- K.P. VARGHESE, S/O. LATE PAULOSE, AGED 59 YEARS, KATTAKKAKATH HOUSE, MANNUTHI.P.O, THRISSUR DISTRICT. R1 BY ADV. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SMT.RASHMI RAVINDRAN. THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(RC) NO.2182/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN RCP. 5/2009. P2:- COPY OF THE R.C.A. 62/2010 BEFORE THE COURT OF THE DISTRICT JUDGE, PALAKKAD. P3:- COPY OF THE IA. 15278/2010 IN RCA. 62/2010 BEFORE THE COURT OF THE DISTRICT JUDGE, PALAKKAD. P4:- COPY OF THE ORDER DTD. 24.9.2010 IN IA. 128/2010 IN RCA. 62/2010. P5:- COPY OF THE IA. 930/2011 IN RCA. 62/2010 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY , PALAKKAD. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- O.P.(RC) No.2182 of 2011 ------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Having regard to the extensive submissions addressed at the Bar before us by Mr.R.Manikantan, learned counsel for the petitioner and Mr.Mohana Kannan, learned counsel for the respondents and having considered the materials placed on record, we are of the view that the writ petition can be disposed of, without expressing any opinion regarding the question whether or not the building was actually delivered over to the landlord on 2.7.2011, by issuing the following directions :- 1. The Rent Control appellate authority which is presently in seizin of I.A.No.930 of 2011 in I.A.No.1528 of 2010 in R.C.A.No.62 of 2010 will hear both sides and dispose of those I.A.s as expeditiously as possible, at any rate within two 2 O.P.(RC) No.2182 of 2011 weeks from the date of receiving a copy of this judgment. Till there is compliance with the above direction, the Execution court will not record the delivery, which is stated to have been effected on 2.7.2011 in E.P.No.109 of 2010 in R.C.P.No.5 of 2009. 2. We make it clear that, it is open to the petitioner to cite judgment of the Supreme Court reported in Mulraj Vs. Murti Raghunath Ji Maharaj (1967 SC 1386) and other decisions before the learned Appellate Authority. We also make it clear that it is open to the opposite side also to cite all the relevant citations, so that the appellate authority can take appropriate decision based on all the arguments addressed, keeping in mind the ratio emerging from all the relevant decisions cited. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/