NAZEER Vs. CHATHOTH PUNNAROTH NANU

JUDGEMENT

(1.) Respondents/tenants in R.C.P. No. 130 of 2017 on the file of the Rent Control Court, Vadakara field this petition challenging Exhibit P17 order dtd. 9/10/2023 in I.A. No. 15 of 2023, whereby the court below dismissed the application of the tenants to remove the case from the list on the ground that a connected original suit is pending as O.S. No. 24 of 2022 before the Munsiff Court, Vadakara.

(2.) The RCP was originally decreed ex parte on 7/3/2019 and subsequently, as per order dtd. 7/7/2019, the ex parte decree was set aside and case was restored to files. But during the pendency of the petition to set aside the ex parte decree, the tenants were evicted from the building in execution. Thereafter, the tenants filed a petition seeking restitution and the said petition was allowed and possession of the shop rooms were delivered to the tenants on 16/12/2021.

(3.) O.S. No. 24 of 2022 was filed by the landlords seeking prohibitory injunction against the defendants/tenants from doing repair works, renovation and from altering the structure of the petition schedule building and committing waste in it. The interim injunction application filed as I.A. No. 2 of 2022 was dismissed, and against the same, C.M.A. No. 3 of 2022 was filed before the Sub Court, Vadakara and the appellate court allowed the CMA as follows: