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2021 Supreme(Online)(KER) 6212
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD &
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 OP (RC).No.95 OF 2019 RCP 38/2016 ON THE FILES OF RENT CONTROL COURT/PRINCIPAL MUNSIFF'S COURT-1, KOZHIKODE PETITIONER/RESPONDENT:
UPPUKANDATHIL ABDUL KAREEM AGED 58 YEARS S/O.ASSAN KOYA, POST KARAPARAMBA, KACHERI VILLAGE, KOZHIKODE-673 010.
BY ADVS. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/PETITIONERS:
1 RASIYA AGED 57 YEARS W/O.UMMER, GREENS, KASABA AMSOM, DESOM, POST CHALAPURAM, KOZHIKODE-673 002.
2 P.P.SHINAS, AGED 34 YEARS S/O.UMMER, GREENS, KASABA AMSOM, DESOM, POST CHALAPURAM, KOZHIKODE-673 002. 3 P.P.NITHIL,AGED 27 YEARS S/O.UMMER, GREENS, KASABA AMSOM, DESOM, POST CHALAPURAM, KOZHIKODE-673 002.
R1-3 BY ADV. SRI.E.NARAYANAN THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Dated this the 22nd day of January, 2021
J U D G M E N T
A.HARIPRASAD, J.
Heard the learned counsel for the petitioner and the respondents.
2. The respondent/tenant who is sought to be evicted from the tenanted premises, remained absent from the Rent Control Court and he was set ex parte. Ext.P2 is the order of eviction passed by the Rent Control Court against the ex parte tenant. He filed Exts.P3 and P4 applications to set aside ex parte order and to condone delay by invoking Section 5 of the Limitation Act. At that time, a Division Bench decision of this Court in Ratheesh V. vs. A.M.Chacko and anr. (2018(5) KHC 35), was pronounced. The tenant approached this Court with this original petition apprehending that he will be evicted by executing the order passed in the pending execution petition. Execution proceedings have been stayed by this Court in the original proceedings. Having regard to the decision by a Full Bench dated 03.12.2020 in Faisal v. Vikas Chacko (2020(6) KLT 722) answering the reference against Ratheesh's case, wherein it has been held that the ratio in Ratheesh's case is not correct and the Rent Control Court has power to condone delay by invoking Section 5 of the Limitation Act, we hereby direct the Rent Control Court to consider Exts.P3 and P4 applications on an early date and dispose them on merits. Till then the stay passed against executing the eviction order will continue. The applications shall be disposed within a period of one month from the date of receipt of a certified copy of this judgment.
All pending interlocutory applications are closed.
Sd/-
A.HARIPRASAD JUDGE Sd/-
T.V.ANILKUMAR JUDGE ami/
APPENDIX OF OP (RC) 95/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE JUDGMENT OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-1, KOZHIKODE DATED 13.03.2017 IN RCP NO.38 OF 2016.
EXHIBIT P2 COPY OF THE ORDER OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-1, KOZHIKODE IN RCP NO.38 OF 2016 DATED
06.07.2018.
EXHIBIT P3 COPY OF THE PETITION I.A.NO.1827 OF 2019 IN RCP NO.38 OF 2016 ON THE FILE OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-
1, KOZHIKODE DATED 12.04.2019.
EXHIBIT P4 COPY OF THE PETITION I.A.NO.1826 OF 2019 IN R.C.P.NO.38 OF 2016 ON THE FILE OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-1, KOZHIKODE DATED 12.04.2019.
EXHIBIT P5 COPY OF THE NOTICE VOUCHER SHOWING THE SERVICE OF NOTICE TO THE COUNSEL OF THE RESPONDENT IN RCP NO.38 OF 2016 ON THE FILE OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-1, KOZHIKODE DATED
27.05.2019.
EXHIBIT P6 COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION TO STAY THE EXECUTION PETITION E.A. NO.170 OF 2019 ON THE FILE OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-
1, KOZHIKODE.
EXHIBIT P7 COPY OF THE ORDER DATED 27.05.2019 IN EP NO.218 OF 2019 IN RCP NO.38 OF 2016 OF THE RENT CONTROL/PRINCIPAL MUNSIFF'S COURT-1, KOZHIKODE.
