K.C.FIROS Vs. SUDHA SUNDARESHAN

JUDGEMENT

(1.) The petitioner is the tenant against whom an ex parte order of eviction has been passed in RCP.206/2015 by the Additional Munsiff Court-I, Koyhikode. Aggrieved by the said order, though he had filed I.A.4321/2016 to set aside the said ex parte order and the same was allowed on conditions, he could not comply with the conditions and thereby the said IA was also dismissed. The petitioner again filed RP IA. 531/2017. But the said IA was also dismissed on default. Then the petitioner again filed I.A.1803/2017 to restore RP IA.531/2017 along with an application to condone delay in filing the same and the said I.A was adjourned to 22.7.2017. But in the meanwhile, the learned Munsiff got transferred and thereafter there is no sitting in the said court. In the meantime, the respondent has proceeded with execution of the ex parte order of eviction by Ext.P2 petition and now delivery has been ordered and the officials are taking hasty steps to effect delivery. If delivery is effected before considering Ext.P2 application, the petitioner will be put to great difficulty and hardship.

(2.) On the above premise, the petitioner has preferred this Original Petition under Article 227 of the Constitution of India seeking a direction to the Rent Control Court to consider and pass orders on Ext.P2 within a specified time and to stay the execution of the ex parte decree till the disposal of Ext.P2.

(3.) Heard the learned counsel for the petitioner.