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 8TH JULY 2011 / 17TH ASHADHA 1933 OP (RC).No. 2189 of 2011(O) ----------------------------------- AGAINST THE ORDER DATED 16/06/2011 IN EP 22/2011 IN RCP.33/1998 of MUNSIFF COURT, HOSDURG .................... PETITIONERS/RESPODNETNS(JUDGMENT DEBTOR) ------------------------------------------------------------ 1. MARAIMABI, AGED 57 YEARS, W/O. LATE C.M ABDUL GAFOOR, RESIDING AT BELLIKOTH IN AJANOOR VILLAGE, HOSDURG TALUK. KASARAGOD DISTRICT. 2. ZAIRABI, AGED 40 YEARS, D/O. LATE C.M.ABDUL GAFOOR, RESIDING AT BELLIKOTH IN AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): DECREE HOLDER ----------------------------------------- CHEENAMMADATH ZUBAIDA, AGED 38 YEARS, D/O. MOILAKIRIYATH MAMMADKUNHI,RESIDING AT BELLIKOTH IN AJANOOR VILLAGE, HOSDURG TALUK, P.O.AJANOOR, KASARAGOD DISTRICT-671531. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(R.C). NO. 2189/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMON ORDER IN R.C.P.32/1998, 33/1998 AND 34/1998 ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF) OF HOSDURG DATED 30/09/2002. P2: COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN R.C.REV. 168/2011 DATED 23/05/2011. P3: COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN R.C.REV.186/2011 DATED 23/05/2011. P4: COPY OF THE EXECUTION PETITION NO.22/11 DATED 11/01/2011. P5: COPY OF THE COUNTER FILED BY THE PETITIONERS NO.22/11 DATED 23/05/2011. P6: COPY OF THE ORDER OF THE MUNSIFF COURT, HOSDURG IN E.P.NO.22/2011 IN R.C.P.NO.33/1998 DATED 16/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- O.P.(RC) No.2189 of 2011 ------------------------------- Dated this the 8th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This petition filed under Article 227 of the Constitution of India is challenging Ext.P6 order of the Munsiff's Court of Hosdurg, executing the eviction order passed against the petitioners in R.C.P.No.33 of 1998. Concededly the eviction order has become final. The petitioners had not preferred any appeal against the order of eviction passed by the Rent Control Court. Mr.T.K.Vipindas, the learned counsel for the petitioners draw our attention to Exts.P2 and P3 interim orders passed by this Court in two rent control revision petitions filed by two other tenants, in occupation of other portion of the larger building consisting of the plant schedule room also. According to Mr.T.K.Vipindas, since the issue which the petitioners have raised in this petition is being considered by this Court in the other two revisions, this petition also be admitted and considered along with those two revisions. 2. We are not impressed by the above submissions of 2 O.P.(RC) No.2189 of 2011 Mr.Vipindas. Unlike the tenants in Exts.P2 and P3 revisions, the present petitioners did not prefer even an appeal before the appellate authority against the eviction order. We also notice that against Ext.P6 order, the statute provides the petitioner a remedy under Section 14 of the Kerala Building (Lease and Rent Control) Act, 1965. We relegate the petitioner to that remedy, before the District Court. In that view of the matter we decline jurisdiction and dismiss the O.P. in limine. However, considering the facts and circumstances contained in this case, eventhough we declined jurisdiction and dismiss the O.P., we direct that Ext.P6 should be kept in abeyance for a period of one month from today. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/