B.G. Rajeshkumar vs Sreelakshmi Suresh

A. Hariprasad, J

Heard the learned counsel for the petitioner.

It is submitted that the learned counsel for the petitioner has given notice to the respondent's counsel and filed a memo.

Prayer in the petition reads thus :

“(i) Pass an order directing the Rent Control Court, Alappuzha to dispose of Ext.P2 I.A No.5258/2019 in RCP No.53/2016 within a time

frame;

(ii) Pass an order directing further proceedings in E.P No.11/2020 in RCP No.53/2016 on the file of the Rent Control Court (Principal

Munsiff's court) Alappuzha to be kept in abeyance till the disposal of Ext.P2 I.A.

(iii) Grant such other reliefs as this Hon'ble court deems fit and proper in the facts and circumstances of the case.â€​

Petitioner is the tenant, who is sought to be evicted by the respondent/landlord in R.C.P No.53 of 2016 before the Rent Control Court, Alappuzha.

Petitioner was set ex parte in the proceedings and an order of eviction was passed. Petitioner filed Ext.P2 application before the Rent Control Court,

Alappuzha to set aside the ex parte order. In the meantime, the ex parte order of eviction is sought to be executed before the Principal Munsiff,

Alappuzha in E.P No.11 of 2020. The copy of the execution petition is Ext.P3. In Ext.P3 execution proceedings, delivery of property was ordered as

seen from Ext.P4. The petitioner preferred Ext.P5 application before the execution court to set aside the ex parte order passed against him in the

execution proceedings. That is also pending. Only prayer made on behalf of the petitioner is to direct the Rent Control Court, Alappuzha to consider

Ext.P2 application expeditiously and dispose of the same on merits. It is also requested that till then the execution proceedings may be stayed.

After hearing the learned counsel for the petitioner and on perusal of the records, we are satisfied that the prayer in the petition can be allowed in the

following terms :

The Rent Control Court, Alappuzha is directed to dispose of Ext.P2 application filed in R.C.P No.53 of 2016 within a period of two weeks from the

date of receipt of a copy of this judgment. The execution proceedings in E.P No.11 of 2020 in R.C.P No.53 of 2016 pending before the Principal

Munsiff, Alappuzha shall be stayed for a period of one month.