2024/KER/23314 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 21^ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946 OP (RC) NO. 21 OF 2024 AGAINST THE ORDER DATED 05.02.2024 IN EP NO.341 OF 2021 OF PRINCIPAL MUNSIFF COURT,THRISSUR ARISING OUT OF THE ORDER IN RCP NO.102 OF 2014 OF PRINCIPAL MUNSIFF COURT,THRISSUR PETITIONER/PETITIONER/RESPONDENT/JUDGMENT DEBTOR:

SUDHEESH AGED 40 YEARS S/O RAVEENDRAN,PALLIYIL HOUSE VALARKAVU DESOM OLLUR VILLAGE THRISSUR TALUK THRISSUR, PIN - 680006 BY ADVS.

PREMCHAND M.

K.ANITHA JOHN SREERAGH C.R.

A.S.SOORAJ RESPONDENT/RESPONDENT/PETITIONER/DECREE HOLDER:

THOMAS AGED 50 YEARS S/O OUSEPH MALIYEKAL HOUSE NADUTHURUTH DESOM MELUR VILLAGE CHALAKUDY TALUK.THRISSUR DISTRICT, PIN - 680311 BY ADVS.

V.V.JOY K.C.MINESH KUMAR(K/164/1996)

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

G. Girish, J.

The petitioner is the son of the tenant in R.C.P.No.102 of 2014 of the Rent Control Court, Thrissur. The respondent-landlord filed Ext.P2 rent control petition against late Visalakshi, the mother of the petitioner, for her eviction from the residential house on the ground of arrears of rent and bona fide need of the landlord. The Rent Control Court, Thrissur passed Ext.P4 ex parte order of eviction in the above R.C.P on 16.02.2021. The petitioner’s mother challenged the above order before the Rent Control Appellate Authority, Thrissur by filing Ext.P5 rent control appeal. In the meanwhile, she passed away on 02.01.2023. The petitioner filed Ext.P6 impleading petition and Ext.P7 application for the condonation of delay and setting aside abatement of the appeal. In the meanwhile, respondent-landlord instituted Ext.P8 execution petition for the enforcement of Ext.P4 ex parte order of eviction. The petitioner had filed Ext.P10 petition before the executing court for his impleadment as additional 2^nd judgment-debtor. He also filed Ext.P12 application before the executing court seeking the dismissal of the execution petition on the ground that he was not impleaded by the respondent-landlord in R.C.P.No.102 of 2014 notwithstanding the fact that he was a necessary party to that proceedings. The executing court dismissed Ext.P12 application vide Ext.P14 order dated 05.02.2024.

Challenging Exts.P4 and P14 orders of the Rent Control Court and executing court, the petitioner is here before this Court with this petition filed under Article 227 of the Constitution of India. There is also a prayer for a direction to the Rent Control Appellate Authority, Thrissur to dispose of Ext.P5 appeal as expeditiously as possible and to keep the execution proceedings in abeyance till the disposal of the above appeal.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The learned counsel for the petitioner would contend that Ext.P4 order which the respondent-landlord seeks to execute, was passed behind the back of the petitioner, and hence gross illegality would be meted out to him if he is dispossessed from the petition schedule building in execution of that order. Learned counsel for the respondent, on the other hand, would contend that the petitioner had filed R.C.A.No.42 of 2022 before the Rent Control Appellate Authority, Thrissur challenging Ext.P4 order, and that the above appeal was dismissed as not maintainable. Thus according to the respondent, the non-impleadment of the petitioner as a party to R.C.P.No.102 of 2014, cannot be stated as a ground to resist the execution proceedings since the petitioner being the legal heir of deceased tenant, is bound by the order passed against his predecessor-in-interest during her lifetime.

4. The legality and correctness of Ext.P4 order of Rent Control Court are under challenge in Ext.P5 appeal pending before the Rent Control Appellate Authority, Thrissur. It is seen from the records that the R