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2021 Supreme(Online)(KER) 853

MOHAMMED BABU K.A – Appellant
Versus
ANAND GOPINATHAN – Respondent


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

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