IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 21805 of 2009(U) -------------------------- PETITIONER(S): --------------- V.T. IBRAHIM, S/O SAIDALI, VARIKKATHODI HOUSE, P.O. THOZHUVANNOOR, PIN 676 552. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------- MOIDUNNI, S/O. KORAKKOOTTIL SEETHI MUSALIYAR, KATTIPPARUTHI AMSOM DESOM, TIRUR TALUK, MALAPPURAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ W.P.(C)No.21805 OF 2009 ------------------------ Dated this the 4th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. The tenant is the petitioner in this writ petition under Article 227 of the Constitution. According to him, an ex parte order of eviction was passed against him on the grounds of arrears of rent and bona fide own occupation. He filed interlocutory application before the rent control court for getting that ex parte order set aside. The said application was dismissed. He has applied for certified copy of the order dismissing that application and he intends to prefer an appeal to the rent control appellate authority when he gets the certified copy. But, in the meanwhile, the execution court has ordered delivery and he apprehends that delivery will take place on or before 27/8/2009. In this writ petition he seeks an order staying delivery till such time as he gets certified copy of the order passed by the rent control court dismissing his application and he is able to prefer appeal. 2. We have heard the submissions of Sri.Jamsheed Hafiz, learned counsel for the petitioner. In the nature of the limited WPC.No.21805/2009 2 relief, which is being given to the petitioner, we do not find it necessary to issue notice to the respondent. We do not propose to go into the merits of the matter. Having regard to the averments in the writ petition and the submissions of the learned counsel for the writ petitioner, this writ petition will stand disposed of issuing the following directions; i). The petitioner shall pay a sum of Rs.25,000/- to the respondent towards arrears of rent allegedly due in respect of the petition schedule building within 10 days from today. Such payment will be without prejudice to the petitioner's contentions in the RCP. ii). The rent control court, Tirur will issue carbon copy of the order dismissing the petition filed by the petitioner for getting the ex parte order of eviction set aside (if the copy application is in order) within seven days of receiving a copy of this judgment. Once copy is received, it WPC.No.21805/2009 3 is open to the petitioner to pursue his remedies against that order in accordance with law. iii). Considering the above directions, there will be a further direction to the Munsiff Court, Tirur not to effect delivery of the petition schedule building for a period of one month from today. It is, however, made clear that if the petitioner does not comply with condition No.i), it will be open to the execution court to order and effect delivery even it be by preponing the executing petition. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk