BY AD v. K.SHERIN MOHAN

3. Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Senior Government Pleader. O.P.(RC).No.220 of 2023 3

4. As per Ext.P1 order dated 24.11.2021, the Rent Control Court, Ernakulam directed the 1st respondent to hand over vacant possession of the petition schedule building to the petitioner on the grounds envisaged under Sections 11(2)(b), 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. In the meanwhile, the 1st respondent was booked by the police for the commission of multiple offences of cheating, forgery etc., and he is detained in judicial custody. Accordingly, the building which was under the occupation of the 1st respondent was locked by the police, and the key was kept under the custody of the 2nd and 3rd respondents who are the Deputy Superintendent of Police, Crime Branch, Ernakulam and the Station House Officer of Ernakulam Town North Railway Station. When the Advocate Commissioner deputed by the Executing Court approached the 3rd respondent for getting the key of the petition schedule building, he was informed that it was being kept by the 2nd respondent, and that it will be handed over, if there is an order of eviction and a direction from the competent court. It is stated that the Principal Munsiff Court has not so far passed orders on the petition filed by the petitioner as E.A.No.748 of 2023 for a direction to the respondents 2 and 3 to hand over the key of the petition schedule building to enable the court to proceed with the execution petition. It is in the above circumstances that O.P.(RC).No.220 of 2023 4 the petitioner has approached this Court with the present petition for a direction to the Principal Munsiff Court, Ernakulam for expeditious disposal of the execution petition filed by the petitioner for getting possession of the petition schedule building.

5. It is submitted by the learned Senior Government Pleader that the 2nd respondent had already informed the petitioner through Ext.P4 letter that all the items related to the crime registered against the 1st respondent, which are kept in the petition schedule building, would be shifted as and when the court passes order of eviction in favour of the petitioner.

6. As matter stands now, the petitioner has approached the Principal Munsiff Court, Ernakulam, by filing Ext.P2 Execution Petition for getting vacant possession of the petition schedule building in execution of Ext.P1 order passed by the Rent Control Court in R.C.P.No.94 of 2021. There is no case for the respondents that Ext.P1 order has been challenged in appeal, or that there is any order of the competent authorities against the execution of the above order. That being so, the Principal Munsiff Court, Ernakulam, where Ext.P2 execution petition is pending, is bound to pass appropriate orders to hand over vacant possession of the petition schedule building to the petitioner in execution of Ext.P1 order. O.P.(RC).No.220 of 2023 5

7. The learned counsel for the 1st respondent would contend that the ex-parte order of eviction passed by the Rent Control Court vide Ext.P1 could not be challenged in appeal, only due to the reason that the 1st respondent was incapacitated from contacting his lawyer, due to his detention in judicial custody in a high security prison. It is the further contention of the 1st respondent that, he is legally entitled to file an appeal against Ext.P1 order, after getting the delay condoned, and that the necessary steps in that regard are being taken by him. According to the learned counsel for the 1st respondent, any direction to the Executing Court to dispose of Ext.P2 Execution Petition, within a period of 30 days, is likely to hamper his lawful rights of appeal, since the Executing Court would resort to the immediate enforcement of Ext.P1 order, ignoring the request of the 1st respondent to grant a short period of time for producing stay order from the Appellate Court. For the above reason, the 1st respondent seeks to modify the direction earlier issued to the Munsiff Court-I, Ernakulam to dispose of Ext.P2 Execution Petition, within a period of 30 days.

8. The prayer of the 1st respondent as above, appears to be just and reasonable. It is of no doubt that the 1st respondent would be put to injustice if he is deprived of his right to prefer appeal as a result of his detention in prison; and if ultimately he happens to be O.P.(RC).No.220 of 2023 6 dispossessed from the petition schedule building while remaining hamstrung in prison, without having timely access to legal remedies against the orders affecting his rights.

9. Having regard to the above aspect, and the submissions of the learned counsel for the 1st respondent in this regard, we deem it appropriate to modify the direction towards timebound disposal of Ext.P2 execution petition, by extending the period prescribed to 90 days instead of 30 days, which was there in the earlier judgment. In the result, the petition stands allowed, as follows: (i) The Munsiff Court-I, Ernakulam, where Ext.P2 execution petition is pending, is directed to dispose of the above execution petition within a period of 90 days from the date of receipt of a copy of this judgment. (ii) It is made clear that the Executing Court, by exercising its discretion, may grant a reasonable time to the 1st respondent-tenant to produce orders of the Appellate Court, if so requested. (iii) Respondents 2 and 3, upon intimation from the Executing Court, shall make arrangements for shifting the articles related to the crime registered against the 1st respondent, which are said to be kept inside the petition schedule building, so as to enable the Executing Court to enforce the order in Ext.P1. (sd/-) ANIL K. NARENDRAN, JUDGE G. GIRISH, JUDGE (sd/-) O.P.(RC).No.220 of 2023 7 APPENDIX OF OP (RC) 220/2023 PETITIONER EXHIBITS ’S EXHIBIT P1 TRUE COPY OF THE ORDER DATED 24.11.2021 IN RCP NO.94/2021 OF III RD ADDITIONAL MUNSIFF AND RENT CONTROL COURT ERNAKULAM EXHIBIT P2 EP NO.95/2023 IN RCP NO.94/2021 BEFORE THE PRINCIPAL MUNSIFF’S COURT, ERNAKULAM EXHIBIT P3 TRUE COPY OF EA NO.748/2023 IN EP NO.95/2023 IN RCP NO.94/2021 BEFORE THE HON’BLE PRINCIPAL MUNSIFF’S COURT ERNAKULAM EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY 2ND RESPONDENT DATED 25.08.2023. EXHIBIT P5 EA NO.820/2023 FILED BEFORE HON’BLE PRINCIPAL MUNSIFF’S COURT, ERNAKULAM