IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34603 of 2009(U) -------------------------- RCP.141/2008 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- MR.SURENDER.T.M,AGED 48 YEARS, S/O.T.M.VASUDEVAN,RESIDING AT FLAT NO.5C, BELAIR APARTMENT,PANAMPILLY NAGAR, KOCHI-682036. BY ADV. SRI.ZAKEER HUSSAIN SMT.K.A.SANJEETHA RESPONDENT(S): --------------- MRS.JAYA RADHAKRISHNAN,AGED 56 YEARS, W/O.DR.N.RADHAKRISHNAN,POORNIMA KODUNGALLOOR ROAD, THOTTAKKATTUKARA,ALUVA,WEST VILLAGE, PARUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ W.P.(C).No. 34603 OF 2009 ------------------------ Dated this the 2nd day of December, 2009 JUDGMENT Pius C.Kuriakose, J. The judgment debtor is the writ petitioner. An order of eviction has been passed ex parte against him on the ground of arrears of rent by the local Rent Control Court. She filed Ext.P2 application for getting that order set aside. Since that application was not filed on time, she filed Ext.P3 application seeking condonation of the delay of 130 days caused in the matter of filing Ext.P2. The petitioner's grievance is that ignoring Ext.P4 objection filed by him, the Execution Court is keen on ordering delivery considering Ext.P1 application for execution. 2. We have heard the submissions of Smt.K.A.Sanjeetha, learned counsel for the writ petitioner. Having regard to the averments in the writ petition and the submissions addressed before us by Smt.Sanjeetha and the limited nature of the relief, which is being given to the petitioner, we are of the view that the writ petition can be disposed of at this stage itself issuing the WPC.No.34603/2009 2 following directions; i). The Rent Control Court, Ernakulam is directed to take up Exts.P2 and P3 at the earliest and enquire into the same and dispose them of in accordance with law at the earliest and at any rate within one month of receiving a copy of this judgment. ii). In view of the above direction, there will be a direction to the Principal Munsiff Court, Ernakulam not to order and effect delivery of the building, which is subject matter of Ext.P1 proceedings, for a period of 35 days from today. The Writ Petition is disposed of with the above directions. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk