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Article 227 in The Constitution Of India 1949

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Kerala High Court
Saraswathy vs Madhusoodhanan, S/O. Sahadevan on 6 November, 2011

IN THE HIGH COURT OF KERALA AT ERNAKULAM OP (RC).No. 53 of 2011(O)

1. SARASWATHY,

... Petitioner

Vs

1. MADHUSOODHANAN, S/O. SAHADEVAN, ... Respondent

2. LAILA MADHUSOODHANAN,

For Petitioner :SRI.THYPARAMBIL THOMAS THOMAS For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE The Hon'ble MR. Justice N.K.BALAKRISHNAN Dated :06/11/2011

O R D E R

PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------

O.P.(R.C).No.53 OF 2011

------------------------

Dated this the 6th day of January, 2011 JUDGMENT

Pius C.Kuriakose, J.

A tenant, who is facing proceedings for execution of an eviction order passed against him by the Rent Control Court, is the petitioner in this original petition filed under Article 227 of the Constitution. He seeks a direction to the Munsiff Court to keep in abeyance all proceedings for delivery in E.P. No.132/2010 in R.C.O.P No.21/2006. According to him, the Rent Control Appellate Authority, which is in seizin of the regular appeal filed by him, granted stay imposing certain conditions regarding deposit of arrears of rent. The stay is granted only upto a particular date. The petitioner could not comply with the condition imposed by the Appellate Authority on time and hence he has filed an application for extension of stay and probably extension of time for complying with the condition. That application stands posted to 8/1/2011. According to the learned counsel, since 8/1/2011 is a holiday, the petitioner will not be O.P.R.C..No.53/2011 2 able to obtain extension of the stay order and there is every likelihood of the Execution Court will order delivery.

2. We do not think that the petitioner has made out a case for invocation of the supervisory jurisdiction of this court under Article 227. Jurisdiction under Article 227 is a visitorial in nature and will be invoked only very sparingly. However, considering the fervent submissions of the learned counsel for the petitioner, we dispose of the original petition issuing the following directions;

i). If Ext.P3 application stands presently posted by the Rent Control Appellate Authority, Kollam on 8/1/2011, the learned Appellate Authority will post the same to 10th or 11th January 2011 itself.

ii). Considering the above direction, the Execution Court is directed not to order and effect delivery till 12/1/2011. Issue copy today itself.

PIUS C.KURIAKOSE,JUDGE

N.K.BALAKRISHNAN, JUDGE

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