Kerala High Court
OP (RC)/84/2025 of CHEMPAZHANTHY AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY LTD. NO. T-1750 Vs KARUNAI KUMAR C.M on 10 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (RC) NO. 84 OF 2025 THE PROCEEDINGS IN E.P.NO.314/2024 IN RCP NO.38 OF 2020 OF PRINCIPAL MUNSIFF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP (RC) NO. 84 OF 2025
THE PROCEEDINGS IN E.P.NO.314/2024 IN RCP NO.38 OF 2020 OF PRINCIPAL
MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/3RD PARTY:
CHEMPAZHANTHY AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY
LTD. NO. T-1750
CHEMPAZHANTHI, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 695587
BY ADVS. SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SMT.SIDHARTH.R.WARIYAR
RESPONDENT/DECREE HOLDER & JUDGMENT DEBTOR:
KARUNAI KUMAR C.M
AGED 47 YEARS
S/O. LATE M. CECIL A SAMUEL, RESIDNG AT TC IX/1148(2), CECIL
ARCADE, S.N. COLLEGE JUNCTION, CHAMPAZHANTHY, THIRUVANANTHAPURAM, PIN - 695587
S. JAYAKUMAR
AGED 53 YEARS
S/O. SEKHARA PILLAI, RESIDING AT PANKAJAM, INDIRAJI NAGAR, ANIYOOR, CHAMPAZHANTHY, THIRUVANANTHAPURAM, PIN - 695587
BY ADVS. SRI. M.SREEKUMAR M
SRI.A.ABDUL KHARIM(A-435)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Dated this the 10th day of April, 2025 A.Muhamed Mustaque, J. A third party to the rent control proceedings is objecting the execution proceedings. The petitioner states that they have a Rent Control Appeal which is said to be pending. We do not know whether such an appeal is maintainable or not. We are leaving that question. But necessarily the 3rd party can object the execution, if they have an independent right. If that be so, they should resort to the proceedings contemplated under Order 21 Rule 99 of the Code of Civil Procedure, 1908 or any other provision of Law. If such an objection is filed by 20.05.2025, the Execution Court shall consider that application raising objection, within a further period of four weeks thereon. Till then, all execution proceedings shall be kept in abeyance.
Sd/- A.MUHAMED MUSTAQUE JUDGE
Sd/- P. KRISHNA KUMAR JUDGE MJL
APPENDIX OF OP (RC) 84/2025 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION BEARING RCP NO. 38/2020 DATED 05.10.2020 FILED BY THE 1ST RESPONDENT AGAINST THE 2ND RESPONDENT, AS PROCURED BY THE PETITIONER, Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT TO RCP NO. 38 OF 2020 FILED ON 11.08.2021 Exhibit P3 TRUE COPY OF THE ORDER DATED 19.07.2022 OF THE HON’BLE RENT CONTROL COURT, THIRUVANANTHAPURAM (ADDL. MUNSIFF IV) IN RCP NO. 38 OF 2020, ALONG WITH THE COMPROMISE PETITION Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 27.01.2025 IN E.P. NO. 314 OF 2024 PENDING BEFORE THE HON’BLE PRINCIPAL MUNSIFF’S COURT, THIRUVANANTHAPURAM, AS AVAILABLE ON THE E-COURTS WEBSITE. Exhibit P5 TRUE COPY OF THE UNNUMBERED RENT CONTROL APPEAL FILED BY THE PETITIONER BEFORE THE HON’BLE DISTRICT COURT, THIRUVANANTHAPURAM DATED 24.03.2025 Exhibit P5(a) TRUE COPY OF THE PETITION TO GRANT LEAVE TO APPEAL IN THE UNNUMBERED RENT CONTROL APPEAL DATED 26.03.2025 Exhibit P5(b) TRUE COPY OF THE PETITION TO CONDONE DELAY IN FILING THE APPEAL IN THE UNNUMBERED RENT CONTROL APPEAL DATED 26.03.2025 Exhibit P5(c) TRUE COPY OF THE PETITION TO STAY THE PROCEEDINGS IN THE EXECUTION PETITION, IN THE UNNUMBERED RENT CONTROL APPEAL, DATED 24.03.2025.
RESPONDENTS' EXHIBITS: Ext.R1(a) TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED NIL IN RCP NO.38/2020 ON THE FILE OF THE ADDITIONAL MUNSIFF COURT-IV (RCC),THIRUVANANTHAPURAM Ext.R1(b) TRUE COPY OF THE DEPOSITION OF ADVOCATE COMMISSIONER AS PW2 Ext.R1(c) TRUE COPY OF DEPOSITION OF THE 2ND RESPONDENT AS DW1 Ext.R1(d) TRUE COPY OF THE RENT DEED DATED 16..1..2012 EXECUTED BETWEEN 1ST RESPONDENT AND 2ND RESPONDENT EXT.R1(e) TRUE COPY OF THE LATEST RENT DEED DATED 01..10..2018 EXECUTED BETWEEN 1ST RESPONDENT AND 2ND RESPONDENT Ext.R1(f) TRUE COPY OF THE PETITION IN EA NOS. 63/25 IN EP NO.314/2024 IN RCP 38/2020 FILED BY THE 2ND RESPONDENT Ext.R1(g) TRUE COPY OF THE PETITION IN EA NOS. 65/25 IN EP NO.314/2024 IN RCP 38/2020 FILED BY THE 2ND RESPONDENT Ext.R1(h) TRUE COPY OF THE PETITION IN EA NOS. 66/25 IN EP NO.314/2024 IN RCP 38/2020 FILED BY THE 2ND RESPONDENT Ext.R1(i) TRUE COPY OF THE UNDERTAKING FILED BY THE 2ND RESPONDENT DATED 27..1..2025