IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 16533 of 2010(N) -------------------------- EP. 29/04 in RCP.83/2000 of MUNSIFF COURT, VADAKARA .................... PETITIONER(S): --------------- GOPALAN, S/O. KANARAN, VATTAKKANDIYIL HOUSE, MARKET ROAD, VADAKARA AMSOM, VADAKARA DESOM. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S): --------------- 1. MEETHALE PERATTIYATH PREMANANDAN, S/O. KUNHIKANNAN, THIRUVATHIRA HOUSE, CHORODE AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. MEETHALE PERATTIYATH PRESISHA ANAND, THIRUVATHIRA HOUSE, CHORODE AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT. ADV. SRI.P.B.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 16533 of 2010 ----------------------------------------------- Dated this the 31st day of May, 2010 J U D G M E N T Pius C.Kuriakose, J. This writ petition under Article 227 of the Constitution seeks a direction to the Munsiff's Court, Vatakara executing eviction orders passed by the Rent Control Court, Vatakara to postpone all execution proceedings in EP. 29 of 2004 before a final decision is taken on Ext.P3 claim petition filed by the petitioner. Even though the prayer in the writ petition looks innocuous, having gone through the papers kept on record and in view of the finding entered by this court in Ext.P2 judgment that the tenancy in question was a joint tenancy in which one Kunhiraman and his brother the present writ petitioner Gopalan were joint tenants, it is doubtful whether the present petitioner can successfully resist the execution proceedings. At the same time, since we are told that Ext.P3 is kept pending by the Rent Control -2- Court, Vatakara, we dispose of the writ petition directing the Rent Control Court, Vatakara to take up Ext.P3 immediately and dispose of the same in accordance with law, keeping in mind the finding of this Court under Ext.P2 regarding the nature of the tenancy, at the earliest (if P3 is not yet disposed of). At any rate, the learned Rent Control Court will dispose of Ext.P3 within three weeks of receiving copy of this judgment. Since Sri.M.V.S.Nampoothiry has reported before us that the court below has not ordered delivery yet, we direct the execution court not to order and effect delivery till a decision is taken on Ext.P3. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-