BY AD v. MOHAMMED SIYAD M.F

3. Heard the learned counsel for the petitioner-tenant. Considering the nature of relief proposed to be granted, service of notice on the respondent-landlord is dispensed with.

4. The petitioner had earlier approached this Court in O.P.(RC)No.127 of 2023, which was dismissed as infructuous by Ext.P4 judgment dated 14.08.2023. Paragraphs 2, 3 and also the last paragraph of that judgment read thus; “2. On 14.07.2023, when this original petition came up for admission, this Court admitted the matter on file. The learned counsel took notice for the respondent. In view of the fact that payment of an amount of Rs.5,00,000/- has been made towards arrears of rent, this Court granted an interim stay of all further proceedings in E.P.No.351 of 2020 in R.C.P.No.5 of 2016 on the file of the Principal Munsiff Court, Thrissur, for a period of one month.

3. Today, when this matter is taken up for consideration, the learned counsel for the petitioner-tenant would submit that the Rent Control Appellate Authority has finally heard R.C.A.No.36 of 2020 and reserved the matter for judgment and therefore, this original petition may be dismissed as infructuous. In such circumstances, recording the aforesaid submission made by the learned counsel for the petitioner, this original petition is dismissed as 4 O.P.(RC)No.233 of 2023 infructuous.”

5. Thereafter, the petitioner had approached this Court in O.P.(RC)No.203 of 2023, which was disposed of by Ext.P5 judgment dated 23.11.2023. Paragraph 4 and also the last paragraph of that judgment read thus; “4. The learned counsel for the petitioner-tenant would submit that R.C.A.No.36 of 2020 is listed today before the Rent Control Appellate Authority (District Judge), Thrissur for final hearing. The learned counsel would submit that the balance amount towards arrears of rent comes around Rs.2,50,000/-, which the petitioner is prepared to deposit within the time limit to be fixed by this Court. In such circumstances, without expressing anything as to the balance amount payable by the petitioner-tenant towards arrears of rent in E.P.No.351 of 2020 in R.C.P.No.5 of 2016, this original petition is disposed of with the following directions; Within ten days from today, the petitioner-tenant shall deposit an amount of Rs.2,50,000/- before the Principal Munsiff Court, Thrissur or shall pay to the respondent-landlord, towards the arrears of rent in respect of the petition schedule building in R.C.P.No.5 of 2016. On that condition, further proceedings in E.P.No.351 of 2020 in R.C.P.No.5 of 2016 on the file of the Principal Munsiff Court, Thrissur, shall be deferred for a period of one month or till the final disposal of R.C.A.No.36 of 2020, whichever is earlier. In case the petitioner- tenant defaults payment of the aforesaid amount within the time limit stipulated above, it would be open to the execution court to proceed with E.P.No.351 of 2020 in accordance with law.” O.P.(RC)No.233 of 2023 5

6. By Ext.P6 common order dated 16.12.2023, the Rent Control Appellate Authority dismissed R.C.A.Nos.36 of 2020 and 37 of 2020 filed by the petitioner-tenant, challenging the order of the Rent Control Court dated 31.10.2019 in R.C.P.Nos.6 of 2016 and 5 of 2016. It is thereafter that the petitioner filed Ext.P7 interlocutory application, invoking the provisions under Section 11(2)(c) of the Act to vacate the order of eviction passed in R.C.P.No.5 of 2016.

7. Having considered the submissions made at the Bar, we deem it appropriate to dispose of this original petition by directing the Rent Control Court, Thrissur to pass appropriate orders on Ext.P7 interlocutory application, i.e., I.A.No.3 of 2023 in R.C.P.No.5 of 2016 with notice to petitioner-tenant and respondent-landlord, as expeditiously as possible, at any rate, within a period of three weeks from this date. Till such orders are passed, further proceedings in E.P.No.351 of 2020 in R.C.P.No.5 of 2016 shall be deferred by the Principal Munsiff Court, Thrissur. It is made clear that this Court has not expressed anything as to the maintainability of Ext.P7 interlocutory application. It is for the Rent Control Court to decide that O.P.(RC)No.233 of 2023 6 aspect, in case such a contention is raised by the respondent- landlord. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE MIN O.P.(RC)No.233 of 2023 7 APPENDIX OF OP (RC) 233/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT 2 EXHIBIT P3 TRUE COPY OF THE COMMON ORDER DATED 31/10/2019 IN RCP NO. 5/2016 PASSED BY THE RENT CONTROL COURT, THRISSUR TRUE COPY OF THE EXECUTION PETITION BEARING E.P. NO. 351/2020 IN RCP NO. 5/2016 DATED 22/2/2020 THUS FILED BY THE RESPONDENT ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR TRUE COPY OF THE OBJECTION DATED 23/5/2022 IN E.P. NO. 351/2020 IN RCP NO. 5/2016 ON THE FILES OF THE PRINCIPLE MUNSIFF COURT, THRISSUR EXHIBIT P4 TRUE COPY OF THE ORDER DATED 14-08- 2023 IN OP(RC) NO 127/2023 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 23-11- 2023 IN O.P.(RC) NO. 203/2023 PASSED BY THE HIGH COURT OF KERALA TRUE COPY OF THE COMMON JUDGMENT IN RCA NOS. 36/2020 AND 37/2020 DATED 16/12/2023 TRUE COPY OF THE PETITION FILED AS I.A NO. 3/2023 IN RCP NO. 5/2016 DATED 20- 12-2023