2025:KER:28163 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 OP (RC) NO. 64 OF 2025 THE ORDER DATED 30.08.2024 IN RCP NO.117 OF 2022 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL) PETITIONERS/JUDGMENT DEBTORS: 1 M/S RAYS TRAVELS BUREAU REP BY ITS PROPRIETOR, SRI MOHAMMED ALI, S/O ABOOBACKER, BUILDING NO.61/839, RAVIPURAM JUNCTION, R MADHAVAN NAIR ROAD, RAVIPURAM, KOCHI., PIN - 682016 2 MOHAMMED ALI AGED 54 YEARS S/O ABOOBACKER, PADINJAREVEETTIL HOUSE, THAIKKATTUKARA PO, ALUVA, ERNAKULAM., PIN - 683106 BY ADVS.SMT.S.MUMTAZ SMT.ALISHA ASLAM SMT.AMINA RUBY FAIZAL SRI.ARPANAI T.A. SMT.BHAVANA VIJAYAKUMAR RESPONDENTS/DECREE HOLDER: 1 SMT. PADMAJA NARAYANANKUTTY AGED 70 YEARS W/O E NARAYANANKUTTY, 61/841-AU/A, RAVIPURAM JUNCTION, R MADHAVAN NAIR ROAD, RAVIPURAM, KOCHI., PIN - 682016 OP(RC)No.64 of 2025 2 2025:KER:28163 2 ANOOP NARAYANANKUTTY, AGED 44 YEARS, S/O E. NARAYANANKUTTY, 61/841-AU/A, RAVIPURAM JUNCTION, R MADHAVAN NAIR ROAD, RAVIPURAM, KOCHI., PIN - 682016 3 ANIL NARAYANANKUTTY AGED 39 YEARS S/O E NARAYANANKUTTY, 61/841-AU/A, RAVIPURAM JUNCTION, R MADHAVAN NAIR ROAD, RAVIPURAM, KOCHI., PIN - 682016 BY ADVS. SRI.MATHEW SKARIA SRI.JOY JOSEPH (MUNDACKAL)(K/212/1981) SRI.THOMAS MATHEW (KOPPARA)(K/45/2011) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(RC)No.64 of 2025 3 2025:KER:28163 JUDGMENT Dated this the 2nd day of April, 2025 A.Muhamed Mustaque, J. The petitioners in this case are the tenants. An order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 has been passed by the Rent Control Court for non payment of admitted areas. The landlord filed an Execution Petition and the petitioners opposed the Execution. Overruling the objection, the Execution Court ordered delivery of the building. This is how the petitioners approached this Court. 2. The Execution Court cannot go beyond the order passed by the Rent Control Court. The impugned order appears to have become final. In such circumstances, there is no scope for challenging the execution proceedings under Article 227 of the Constitution of India. The Original Petition fails and is dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR MJL JUDGE OP(RC)No.64 of 2025 4 2025:KER:28163 APPENDIX OF OP (RC) 64/2025 PETITIONERS' EXHIBITS: Exhibit P1 TRUE COPY OF THE PETITION IN RCP 117/2022 BEFORE THE HON’BLE THIRD ADDITIONAL MUNSIFF AND RENT CONTROL COURT, ERNAKULAM DATED 25- 8-2022 Exhibit P2 TRUE COPY OF THE OBJECTION IN RCP 117/2022 BEFORE THE HON’BLE THIRD ADDITIONAL MUNSIFF AND RENT CONTROL COURT, ERNAKULAM DATED 25/3/2024 Exhibit P3 TRUE COPY OF THE IA 4/2023 IN RCP 117/2022 BEFORE THE HON’BLE THIRD ADDITIONAL MUNSIFF AND RENT CONTROL COURT, ERNAKULAM DATED 14/10/2023 Exhibit P4 TRUE COPY OF THE COUNTER IN IA 4/2023 IN RCP 117/2022 BEFORE THE HON’BLE THIRD ADDITIONAL MUNSIFF AND RENT CONTROL COURT, ERNAKULAM DATED 10/6/2024 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 30/08/2024 IN RCP 117/2022 OF THE HON’BLE RENT CONTROL COURT Exhibit P6 TRUE COPY OF THE EXECUTION APPLICATION FILED BY THE DECREE HOLDERS IN THIS CASE IN EP 373/2024 DATED 18/11/2024 Exhibit P7 TRUE COPY OF THE E-COURT WEBSITE OF EP 373/2024 OF THE HON’BLE PRINCIPAL MUNSIFF’S COURT, ERNAKULAM DATED 05/03/2025 RESPONDENTS' EXHIBITS: Exhibit R1(a) TRUE COPY OF THE ORDER DATED 29-06-2024 IN I.A. NO.4/2023 IN RCP NO.117/2022 ON THE FILE OF RENT CONTROL COURT, ERNAKULAM Exhibit R1(b) TRUE COPY OF THE ORDER DATED 30-08-2024 IN I.A. NO.5/2023 IN RCP NO.117/2022 ON THE FILE OF THE RENT CONTROL COURT, ERNAKULAM