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 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 20401 of 2010(A) -------------------------- AGAINST THE ORDER DATED 07/06/2010 IN EA.248/10IN EP.51.10 IN RCP.134/2010 of PRL.M.C.,KANNUR .................... PETITIONER(S): --------------- P.V.RAMACHANDRAN, S/O. KUNJIRAMAN, AGED 47, BP/1-66, MILL ROAD, VALAPATTANAM, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- A.MULLABI, D/O. POOKOYA THANGAL, AGED 50 YEARS, VALAPATTANAM, KANNUR-670 010. BY SRI. MUHAMMED MUSTAQ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.20401 OF 2010 ------------------------ Dated this the 6th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this writ petition under Article 227 is Ext.P5 and P6 orders passed by the Principal Munsiff, Kannur in execution of an Ex-parte order of eviction passed against the writ petitioner/tenant in RCP No.134/2008. By Ext.P5 order the learned Munsiff recalled the delivery warrant, which had been given to the Amin of the Court, for effecting delivery of the building to the landlord imposing a condition that the petitioner shall pay arrears of rent with effect from October, 2008 at the rate of Rs.500/- per month within four days. The arrears quantified as above came to Rs.10,000/- . The petitioner paid only Rs.5,000/- and filed an application for extension of time to pay the balance. The learned Munsiff by Ext.P6 order recorded the payment of Rs.5,000/-, yet dismissed the application for extension saying that Ext.P5 order is not fully complied with. 2. This Court considering the writ petition for admission, issued urgent notice and granted stay on condition that the WPC.No.20401/2010 2 balance amount of Rs.5,000/- is paid either directly to the respondent or through her counsel before the court below within five days from 30/6/2010. Mr.K.N.Abhilash, learned counsel for the petitioner submitted that sum of Rs.5,000/- so directed is deposited before the Execution Court. We accept his submission. 3. We have heard Sri.K.N.Abhilash, learned counsel for the petitioner and Sri. Muhammed Mustaq, learned counsel for the respondent/landlady. Having regard to the submissions addressed by them, we feel that relief can be granted to the writ petitioner imposing conditions. Hence, we order that Ext.P5 and P6 order will stand recalled and there will be absolute stay of further proceedings in execution in E.P. No. 51/2010 in RCP No.134/2008 on the files of the Principal Munsiff Court, Kannur till such time as Exts.P2 and P3 are finally disposed of by the Rent Control Court, Kannur subject to the following conditions; i). The petitioner pays a sum of Rs.1,000/- as costs to the respondent either directly or through the respondent's counsel in this Court within five days from today. ii). The respondent pays an equal amount to the High Court Legal Service Committee within the same time limit and produces WPC.No.20401/2010 3 receipt against the payment of both the above amounts to the Execution Court. iii). The petitioner shall pay the rent to the respondent/landlady in respect of the building in question with effect from 1st July 2010 at the rate of Rs.800/- per month. This means that we have refixed the rent payable by the petitioner with effect from 1st July 2010 at Rs.800/- per month and the petitioner will be liable to pay the rent at the above rate till such time as fair rent of the building is fixed by the Rent Control Court on a regular application under Section 5 of the Act filed in that regard either by the petitioner or by the landlady. iv). The Rent Control Court is directed to expedite the matters in Exts.P2 and P3 and ensure that final decision is taken in both those applications at the earliest. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk