Shaukath Ali vs Nazeeb Hassan And Ors

A. Hariprasad, J

Heard the learned counsel for the petitioner. Having regard to the nature of reliefs claimed, we do not find any need to issue notice to the

respondents before disposing this matter.

According to the averments in the petition, the petitioner is the actual tenant in respect of a building involved in O.P(R.C) No.3 of 2015 before the

Rent Control Court, Changanacherry. It is the case of the petitioner that the landlord and another person collusively secured an order of eviction of the

premises wherein the petitioner holds a tenancy right and that is sought to be executed in E.P No.36 of 2019 before the Munsiff, Changanacherry.

The petitioner resisted the execution by filing Ext.P1 application before the execution court. That application was dismissed by the execution court.

Grievance of the petitioner is that the court did not give him a copy of the order passed on Ext.P1. Before that, delivery was effected in the evening

on 03-03-2021. The reliefs claimed in the petition read as follows :

“(i) to issue a direction to the Munsiff's Court, Changanacherry to expeditiously issue the carbon copy of the order passed in E.A No.1/2021 in E.P

No.36/2019 in O.P(RC) No.3/2015 whereby the obstruction petition filed by the petitioner was dismissed.

(ii) to issue a direction to the Munsiff's Court, Changanacherry to defer the delivery of petition schedule room in the execution proceedings, in E.P

No.36/2019 in OP(RC) No.3/2015 till the expiry of the statutory period for filing appeal against the order dismissing the obstruction petition of the

petitioner, after issuance of the certified copy of the said order.

(iii) to direct the issue such other order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of this case.â€​

Having regard to the facts and circumstances, we allow the petition and direct the Munsiff, Changanacherry to issue copy of the orders passed on

Ext.P1 to the petitioner within a period of five working days. In the meantime, there shall be a stay of all proceedings in E.P No.36 of 2019 pending

before that court for a period of thirty days from today. It is made clear that the petitioner's legal remedy, if any available, for repossession shall be

raised before the appropriate court.