2025:KER:31313 O.P. (RC) No.91 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (RC) NO. 91 OF 2025 AGAINST THE ORDER DATED 05.03.2024 IN I.A. NO.1 OF 2022 IN RCP NO.1 OF 2022 OF MUNSIFF MAGISTRATE COURT, PERINTHALMANNA PETITIONER/RESPONDENT: P S NATARAJ, AGED 58 YEARS, S/O.SIVADASAN, NATARAJ BHAVAN, RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM 676 302. NOW RESIDING AT 7E-SKYLINE OCEANIC, OPPOSITE BOMBAY HOTEL. BEACH (P.O), KOZHIKODE., PIN – 673 032 BY ADV K.DILIP RESPONDENT/PETITIONER: MUHAMMADALI, AGED 60 YEARS, S/O.ABU HAJI, THONIKKARA (H), TIRURKKAD, VALAMBUR AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT., PIN – 679 351 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BY ADV.K.M SATHYANATHA MENON 2025:KER:31313 O.P. (RC) No.91 of 2025 2 J U D G M E N T A. Muhamed Mustaque, J. The petitioner was the tenant. In execution of the order passed by the Rent Control Court, delivery was effected. The petitioner now claims that he has movable properties lying in the tenanted premises. This is disputed by the landlord. 2. It is appropriate that the petitioner raises a specific claim for the movables before the Execution Court. If such a claim is filed, that shall be considered by the Execution Court without any delay thereon. This original petition stands disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR 2025:KER:31313 O.P. (RC) No.91 of 2025 3 APPENDIX OF OP (RC) 91/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RENT CONTROL PETITION IN RCP NO.1/2022 ON THE FILE OF THE RENT CONTROL COURT, PERINTHALMANNA DATED 24/03/2022. Exhibit P2 A TRUE COPY OF THE OBJECTION DATED 11/12/23. Exhibit P3 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE PERTAINING TO THE LANDED PROPERTY DATED NIL. Exhibit P4 A TRUE COPY OF THE I.A NO.3/2024 DATED 12/02/2024. Exhibit P5 A TRUE COPY OF THE ORDER IN I.A NO.3/2024 IN RCP NO.1/2022 DATED 05/03/2024. Exhibit P6 . A TRUE COPY OF THE PETITION FOR ADVANCING THE EP 398/24 IN RCP 1 OF 2022 DATED 19/03/2025. Exhibit P7 A TRUE COPY OF THE COMMISSION REPORT DATED 23/03/2025. Exhibit P8 A TRUE COPY OF THE PETITION FILED FOR DIRECTION TO THE COMMISSIONER TO RE- INSPECT THE PROPERTY DATED 24/03/25. Exhibit P9 A TRUE COPY OF THE COUNTER STATEMENT FILED DATED 03/04/25. Exhibit P10 A TRUE COPY OF THE DELAY CONDONATION PETITION DATED 03/04/2025. Exhibit P11 A TRUE COPY OF ADVANCING PETITION FILED BY THE RESPONDENT DATED 02/04/2025. 2025:KER:31313 O.P. (RC) No.91 of 2025 4 Exhibit P12 A TRUE COPY OF THE MEMO SUBMITTED BY THE RESPONDENT’S COUNSEL DATED 03/04/25. Exhibit P13 A TRUE COPY OF THE B DIARY EXTRACT IN RCP 1/2022 DATED 04/04/2025.