Mariamma John vs K.T. Thomas

Type Court Judgment Court Kerala Orders Decided Jun 11, 2024

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https://sooperkanoon.com/case/1308599

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Citation: sooperkanoon.com/1308599
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Amit Rawal,Honourable Mr. Justice Easwaran S.
Decided On: Jun 11, 2024
Case Number: OP (RC)/20/2024

Parties & Advocates

Appellant / Petitioner

Mariamma John

Respondent

K.T. Thomas

Excerpt

.....hon'ble court, or(ii) to issue such other reliefs as this hon'ble court deems fit and just in the circumstances of the case.”2. we have asked the learned counsel representing thepetitioner - landlord about the status of the eviction orderpassed in r.c.p.nos.1, 2, 3 and 4 of 2013 and have been informed that four r.c.rs are pending. in those petitions, application under section 12(1) is pending, for the respondent - tenant has not paid the arrears of rent and neither there is any stay.3. execution petition has also been filed and it is only afew months old. however, during the pendency of the aforementioned proceedings, another round of litigation was initiated by the petitioner - landlord for fixing of the fair rent.4. we are not inclined to entertain the request as reflected.5. faced with the situation, counsel for the petitioner seeksliberty of this court for withdrawal of the present petition for pursuing the pending applications/execution petition. petition is dismissed as withdrawn. sd/- amit rawal judge sd/- easwaran s. judge rp appendix of op (rc) 20/2024 petitioner exhibits exhibit p1 true copy of the common judgement in rcr no. 79/2022, rcr no. 80/2022, rcr no. 81/2022 and rcr no. 84/2022 of this hon'ble court dated 04.11.2022 exhibit p2 true copy of the judgment in op (rc) no. 95/2022 of this hon'ble court dated 04.11.2022 exhibit p3 true copy of the common judgement in rcp no.1/2013, rcp no.2/2013, rcp no. 3/2013 and rcp no.4/2013 of the rent control court, chengannur dated 24.08.2023 exhibit p4 true copy of the petition in rcp no.2/2023 before the rent the 1st respondent dated 01.11.2023 exhibit p5 true copy of the petition in rcp no.3/2023 before the rent the respondents 2 and 3 dated 01.11.2023 exhibit p6 true copy of the petition in rcp no.4/2023 before the rent the respondents 4 and 5 dated 31.10.2023 exhibit p7 true copy of the petition in rcp no.5/2023 before the rent the respondents 6 and 7 dated 01.11.2023 exhibit p8.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR. JUSTICE EASWARAN S. TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 AGAINST RCP NO.2 OF 2023 OF MUNSIFF COURT,CHENGANNUR PETITIONER/PETITIONER: MARIAMMA JOHN AGED 72 YEARS W/O. LATE JOY VELLURUZHATHIL JOHN, UZHATHIL HOUSE, VAZHARMANAGALAM, CHENGANNUR P.O., CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT REPRESENTING THROUGH HER POWER OF ATTORNEY HOLDER RAJENDRA PRASAD, AGED 43, S/O. LATE KUNJUKUNJU, PALLIPPURATH HOUSE, WEST OTHERA P.O., KUTTOOR VILLAGE, THIRUVALLA TALUK, PIN - 689551
BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN ROSHIN MARIAM JACOB SAI KRISHNAN UNNITHAN V. RESPONDENT/RESPONDENTS: 1 K.T. THOMAS KADAKKETHU HOUSE, ANGADICKAL MURI, CHENGHANNUR VILLAGE, CHENGANNUR TALUK. ALAPPUZHA DISTRICT., PIN - 689121 2 BABU KUMAR AGED 57 YEARS S/O. LATE PONNAPPAN PILLAI, GOVINDAVILASAM HOUSE, KEEZHCHRI MURI, CHENGHANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121 3 RAJENDRAN AGED 56 YEARS S/O. LATE PONNAPPAN PILLAI, THATTARETHU HOUSE, THALAYAR MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT., 4 MARIAMA SAMUEL, AGED 83 YEARS KAIPALLIMADOM PEEDIKAYIL HOUSE, KEEZHCHERI MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121 5 ANIYAN, AGED 61 YEARS S/O MARIYAMMA SAMUEL, KAIPALLIMADOM PEEDIKAYIL HOUSE, KEEZHCHERI MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121 6 SURESH AGED 52 YEARS S/O. LATE SUKUMARAN, KALATHARA HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., 7 SUNIL AGED 50 YEARS S/O. SUKUMARAN, KALATHARAYIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.,
BY ADVS. N.ASHOK KUMAR ARJUN S.KURUPP(K/114/2023) MARIAMMA GEORGE MARANGOLY(K/60/1977) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

AMIT RAWAL, J.

The present writ petition has been filed with the following prayers: “(i) to issue a direction, order directing the learned Rent Control Court, Chengannur to dispose of RCP No.2/2023, RCP No.3/2023, RCP No.4/2023 within a time limit fixed by this hon'ble court, or

(ii) to issue such other reliefs as this Hon'ble Court deems fit and just in the circumstances of the case.”

2. We have asked the learned counsel representing the

petitioner - landlord about the status of the eviction order

passed in R.C.P.Nos.1, 2, 3 and 4 of 2013 and have been informed that four R.C.Rs are pending. In those petitions, application under Section 12(1) is pending, for the respondent - tenant has not paid the arrears of rent and neither there is any stay.

3. Execution petition has also been filed and it is only a

few months old. However, during the pendency of the aforementioned proceedings, another round of litigation was initiated by the petitioner - landlord for fixing of the fair rent.

4. We are not inclined to entertain the request as reflected.

5. Faced with the situation, counsel for the petitioner seeks

liberty of this Court for withdrawal of the present petition for pursuing the pending applications/execution petition. Petition is dismissed as withdrawn. SD/- AMIT RAWAL JUDGE SD/- EASWARAN S. JUDGE rp APPENDIX OF OP (RC) 20/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMON JUDGEMENT IN RCR NO. 79/2022, RCR NO. 80/2022, RCR NO. 81/2022 AND RCR NO. 84/2022 OF THIS HON'BLE COURT DATED 04.11.2022 Exhibit P2 TRUE COPY OF THE JUDGMENT IN OP (RC) NO. 95/2022 OF THIS HON'BLE COURT DATED 04.11.2022 Exhibit P3 TRUE COPY OF THE COMMON JUDGEMENT IN RCP NO.1/2013, RCP NO.2/2013, RCP NO. 3/2013 AND RCP NO.4/2013 OF THE RENT CONTROL COURT, CHENGANNUR DATED 24.08.2023 Exhibit P4 TRUE COPY OF THE PETITION IN RCP NO.2/2023 BEFORE THE RENT THE 1ST RESPONDENT DATED 01.11.2023 Exhibit P5 TRUE COPY OF THE PETITION IN RCP NO.3/2023 BEFORE THE RENT THE RESPONDENTS 2 AND 3 DATED 01.11.2023 Exhibit P6 TRUE COPY OF THE PETITION IN RCP NO.4/2023 BEFORE THE RENT THE RESPONDENTS 4 AND 5 DATED 31.10.2023 Exhibit P7 TRUE COPY OF THE PETITION IN RCP NO.5/2023 BEFORE THE RENT THE RESPONDENTS 6 AND 7 DATED 01.11.2023 Exhibit P8 TRUE COPY OF THE JOINT TRIAL PETITION IN I.A. NO. 3/2024 IN RCP NO.4/2023 FILED BY THE PETITIONER BEFORE THE RENT CONTROL COURT, CHENGANNUR DATED 31.01.2024

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