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Kakkamani Kalliyani

High Court Of Kerala|10 December, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC , J.
This Original Petition is filed under Article 227 of the Constitution of India, challenging Exhibit P2 order passed by the Munsiff Court, Taliparamba in Execution Petition No.219/2014 in R.C.P.No.1/2003. The said Execution Petition is filed seeking delivery of the petition schedule property in pursuance of the order dated 31.10.2003 passed by the Rent Control Court in R.C.P.No.1/2003.
2. We heard the petitioner, who appeared as party in person and considered the submissions made. According to her, she is not liable to be evicted from the petition schedule property. However, from the impugned order, we notice that the Rent Control Petition filed by the landlords as R.C.P.No.1/2003 was disposed of by order dated 31.10.2003 directing the petitioner to surrender vacant possession of the petition schedule building. That order of the Rent Control Court was challenged before the Rent Control O.P(R.C.)No.160/14 -2-
Appellate Authority in R.C.A.No.94/2004. The Appellate Authority confirmed the order passed by the Rent Control Court and dismissed the appeal.
3. The petitioner does not have a case that the order passed by the Appellate Authority was challenged or interfered with by any other superior authorities. This, therefore, means that the order dated 31.10.2003 passed by the Rent Control Court has attained finality. If that be the factual position, the landlords are entitled to have the order executed as ordered by the Rent Control Court. We do not find any illegality in Exhibit P2 order.
The Original Petition is accordingly dismissed.
Sd/-
ANTONY DOMINIC, JUDGE dsn Sd/-
ANIL K.NARENDRAN, JUDGE
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Title

Kakkamani Kalliyani

Court

High Court Of Kerala

JudgmentDate
10 December, 2014
Judges
  • Antony Dominic
  • Anil K Narendran