Kerala High Court
WP(C)/38152/2007 of KIZHAKKEPURAYIL AHAMMED Vs KRISHNA JANAKI on 24 December 2007
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 WP(C).No. 38152 OF 2007(P) -------------------------- AGAINST THE ORDER IN EP.105/2006 IN RCP.42/2001 OF MUNSIFF COURT,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN
&
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929
WP(C).No. 38152 OF 2007(P)
--------------------------
AGAINST THE ORDER IN EP.105/2006 IN RCP.42/2001 OF MUNSIFF COURT, PAYYANNUR
PETITIONER:
KIZHAKKEPURAYIL AHAMMED,
S/O.MOOSA, AGED 49 YEARS, BUSINESS,
RESIDING AT THEKKE TRIKKARIPUR,
HOSDURG TALUK, KANNUR DISTRICT.
BY ADV. SRI.P.R.SREEJITH
SRI.K.B.SAJEESH
SRI.K.V.MANOJ KUMAR
RESPONDENTS:
1. KRISHNA JANAKI,
W/O.LATE SRI.KAPPANA MURALEEDHARAN,
SI. CHINDAVALAPPU, FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM IN KOZHIKODE DISTRICT.
2. JAMUNA SATHYAPRADEEP,
AGED 39 YEARS, D/O.KRISHNA JANAKI,
SI. CHINDAVALAPPU, FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM IN KOZHIKODE DISTRICT.
3. JAGATHA RAJENDRAN, AGED 37 YEARS,
D/O.KRISHNA JANAKI, SI. CHINDAVALAPPU,
FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM
IN KOZHIKODE DISTRICT.
4. JALAJA.M., AGED 27 YEARS,
D/O.KRISHNA JANAKI, SI. CHINDAVALAPPU,
FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM
IN KOZHIKODE DISTRICT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24/12/2007, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
P.R. RAMAN &HARUN-UL-RASHID, JJ.= = = = = = = = = = = = = = = = = = = =W.P.(C) NO. 38152 OF 2007
= = = = = = = = = = = = = = = = = = = = = =
DATED THIS, THE 24TH DAY OF DECEMBER, 2007.
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J U D G M E N T
Raman, J.
Petitioner is a tenant who has preferred an appeal as against the orderpassed by the Rent Control Court, Payyannur, in R.C.P.42/2001, along witha petition for condonation of delay before the appellate forum. Ext.P2 isthe copy of the appeal memorandum. The matter is posted to 17.1.2008. Inthe meantime, execution petition is proceeded with by the landlord. Theapprehension of the petitioner is that before his appeal and the stayapplication along with the petition for condonation of delay is consideredby the appellate court, if delivery is taken place, he will be put to greathardship.
2. We have heard the learned counsel for the petitioner. In the factsand circumstances of the case, there will be a direction that in case thelandlord takes delivery of the premises, he shall not induct any third partyuntil 17.1.2008. Thereafter, the matter will be governed by any orders thatmay be passed by the appellate court.
The writ petition is disposed of as above.
P.R. RAMAN,(JUDGE)
HARUN-UL-RASHID,(JUDGE)