JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the respondent-tenant in R.C.P.No.117 of 2016 on the file of the Rent Control Court (Munsiff), Ernakulam, has filed this original petition under Article 227 of the Constitution of India, seeking an order to keep in abeyance all the proceedings in E.P.No.253 of 2019 on the file of the Principal Munsiff's Court, Ernakulam pending disposal of I.A.No.1 of 2021 in R.C.P.No.117 of 2016 (Ext.P4) and R.P.No.113 of 2021 in R.C.P.No.117 of 2016 (Ext.P5) on the file of the Rent Control Court.

2. R.C.P.No.117 of 2016 is one filed by the respondent herein-landlord under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule building. In that RCP, the Rent Control Court passed an ex parte decree of eviction, which is one dated 21.02.2019. Seeking an order to set aside that ex parte order of eviction, the petitioner filed R.P.No.113 of 2021 in R.C.P.No.117 of 2016 along with I.A.No.1 of 2021, an application under Section 5 of the Limitation Act, 1963, to condone the delay of 631 days in filing the RP. Now, the grievance of the petitioner is that, during the pendency of the aforesaid applications, the Principal Munsiff Court, Ernakulam, is proceeding with the execution of that ex parte order of eviction in E.P.No.253 of 2019 in R.C.P.No.117 of 2016.

3. On 17.12.2021, when this original petition came up for admission, this Court issued notice on admission by special messenger to the respondent, returnable by 21.12.2021. This Court granted an interim stay of all further proceedings in E.P.No.253 of 2019 in R.C.P.No.117 of 2016 on the file of the Principal Munsiff Court, Ernakulam, for a period of three weeks.

4. Heard the learned counsel for the petitioner-tenant and also the learned counsel for the respondent-landlord.

5. In R.C.P.No.117 of 2016 filed by the respondent-

landlord, the Rent Control Court passed an ex parte decree of eviction. For executing the order of eviction, the landlord filed E.P.No.253 of 2019 before the Principal Munsiff Court, Ernakulam. The tenant filed R.P.No.113 of 2021, seeking an order to set aside the ex parte decree of eviction, along with I.A.No.1 of 2021 to condone the delay in filing the R.P. Those applications are now pending consideration before the Rent Control Court.

6. Having considered the submissions made by the learned counsel on both sides, this original petition is disposed of with the following directions;

(i) The Rent Control Court (Munsiff), Ernakulam, shall consider and pass appropriate orders in R.P.No.113 of 2021 and I.A.No.1 of 2021 in R.C.P.No.117 of 2016, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.

(ii) The petitioner-tenant and respondent-landlord shall appear before the Rent Control Court (Munsiff), Ernakulam, on 05.01.2022.

(iii) The interim order granted by this Court in this original petition shall continue to be in force till the disposal of the aforesaid applications.

Sd/-

ANIL K. NARENDRAN JUDGE Sd/-

P.G. AJITHKUMAR JUDGE

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APPENDIX PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION NO.117 OF 2016 DATED 19/07/2016 ON THE FILE OF THE HONORABLE RENT CONTROL COURT, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE OBJECTION DATED

16/03/2017 FILED BY THE PETITIONER HEREIN IN R.C.P.NO.117/2017 ON THE FILE OF THE HONOURABLE RENT CONTROL COURT, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE EXECUTION PETITION DATED 27/7/2021 PENDING AS E.P.NO.253/2019 ON THE FILE OF THE HONOURABLE PRINCIPAL MUNSIFF COURT, ERNAKULAM.

Exhibit P4 TRUE COPY OF THE I.A.NO.1/2021 IN RCP NO.117/2016 FILED FOR CONDONATION OF DELAY.

Exhibit P5 TRUE COPY OF THE I.A.NO.2/2021 IN RCP NO.117/2016 FILED FOR SET-ASIDE THE EXPARTE DECREE.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED

21/2/2019 IN RCP NO.117/2016 PASSED BY THE HONOURABLE RENT CONTROL COURT, ERNAKULAM.

Exhibit P7 TRUE COPY OF THE PRINT OUT OF COURT