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FREDY FRANCIS v. BEENA VARGHESE
OP(RC)NO.56 OF 2025 1
2025:KER:16141
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP (RC) NO. 56 OF 2025
AGAINST THE ORDER DATED 13.02.2025 IN EA 2845 OF 2023 IN
EP NO.522 OF 2022 OF PRINCIPAL MUNSIFF COURT, THRISSUR
PETITIONER/PETITIONER :
FREDY FRANCIS
AGED 34 YEARS
S/O FRANCIS, CHIRAYATH HOUSE,
OLLUKKARA VILLAGE, MANNUTHY P.O.,
THRISSUR, PIN - 680651
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
SANJAY SELLEN
SONIA SHIBU
AMJANA MUMTHAZ P.
RESPONDENT/RESPONDENT/DECREE HOLDER :
BEENA VARGHESE
AGED 63 YEARS, W/O ALEX VARGHESE,
VAZHAYIL HOUSE, ABY VILLA, NADATHARA VILLAGE,
THRISSUR, PIN - 680751
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
1
J U D G M E N T
A.Muhamed Mustaque, J.
The petitioner seeks only a breathing time to enable him to file an appeal against the dismissal of his objections raised under Order 21 Rule 97 of the Civil Procedure Code.
2. In such circumstances, we order that the execution petition shall be deferred for a period of two weeks from today to enable the petitioner to file an appeal and move for stay against the execution.
This Original Petition(Rent Control) is disposed of as above. The petitioner shall serve a copy of this judgment on the learned counsel appearing for the respondent/decree holder before the court below.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
rkj
2
APPENDIX OF OP (RC) 56/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE E.A. 2845 OF 2023 IN E.P. 522 OF 2022 IN R.C.P. 10/2020 ON THE FILE OF THE HON'BLE PRINCIPAL MUNSIFF,
THRISSUR DATED 26.09.2023
Exhibit P2 THE TRUE COPY OF THE ORDER DATED 13/2/2025 IN E.A NO. 2845 OF 2023 IN E.P. 522/2022 IN RCP 10/2020 OF THE PRINCIPAL MUNSIFF
COURT, THRISSUR
Exhibit P3 THE TRUE COPY OF THE PETITION EA 543 OF
2025 FILED BY THE PETITIONER DATED
14.02.2025 BEFORE THE PRINCIPAL MUNSIFF
COURT, THRISSUR
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 12/1/2022 IN R.CP.10/2020 PASSED BY THE RENT CONTROL
COURT
Exhibit P5 THE TRUE COPY OF AGREEMENT DATED 19/10/2016 EXECUTED BY THE PETITIONER AND THE RESPONDENT IN R.C.P 10/2020
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