Against The Order/Judgment In Ep ... vs By Advs

Citation : 2021 Latest Caselaw 88 Ker
Judgement Date : 4 January, 2021

Kerala High Court
Against The Order/Judgment In Ep ... vs By Advs on 4 January, 2021
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      OP(C).No.1607 OF 2020

 AGAINST THE ORDER/JUDGMENT IN RCP 12/2018 OF RENT CONTROL COURT,
                            ERNAKULAM

 AGAINST THE ORDER/JUDGMENT IN EP 343/2019 OF PRINCIPAL MUNSIFF'S
                    COURT, EKM (RENT CONTROL)


PETITIONER/JUDGMENT DEBTOR IN E.P.NO.343/2019 ON THE FILES OF
PRINCIPAL MUNSIFF'S COURT, ERNAKULAM:

             BIJU GEORGE
             AGED 46 YEARS
             S/O. LATE GEORGE, THERIPARAMBIL HOUSE, C/O. GLENWOOD
             FURNITURE, THAMMANAM P.O, PALARIVATTOM KARA,
             POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM
             DISTRICT.

             BY ADVS.
             SRI.VARGHESE C.KURIAKOSE
             SHRI.SUSANTH SHAJI
             SHRI.ALBIN A. JOSEPH

RESPONDENT / DECREE HOLDER IN E.P.NO.343/2019 ON THE FILES OF
PRINCIPAL MUNSIFF'S COURT, ERNAKULAM :

             RAJU ABRAHAM,
             AGED 61 YEARS
             S/O. ABRAHAM, RESIDING AT CHAKKITTAYIL VELIYIL VEEDU,
             MELPADAM P.O, MANNAR VILLAGE, CHENGANNUR TALUK,
             ALAPPUZHA DISTRICT. 688301

             R1 BY ADV. SRI.V.N.SUNIL KUMAR

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2
OP(C).No.1607 OF 2020




                          JUDGMENT

Recording the submission of the learned counsel for the petitioner, the original petition is dismissed as infructuous.

Sd/-

SATHISH NINAN JUDGE rsr 3 OP(C).No.1607 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT CONTROL PETITION FILED BY THE RESPONDENT AS R.C.P NO. 12/2018 ON THE FILES OF RENT CONTROL COURT, ERNAKULAM EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE ORDER DATED 27-

05-2019 PASSED BY THE RENT CONTROL COURT, ERNAKULAM IN I.A NO. 9694/2018 IN R.C.P NO.

12/2018 EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE MORTGAGE DEED DATED 02-03-2018 EXECUTED BETWEEN THE PETITIONER AND JAGANATH BEHRA EXHIBIT P4 TRUE PHOTOSTAT COPY OF E.A NO. 295/2020 IN E.P NO. 343/2019 DATED 22-10-2020 EXHIBIT P5 TRUE PHOTOSTAT COPY OF E.A N. 294/2020 IN E.PNO 343/2019 DATED 22-10-2020 EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE PROCEEDINGS SHEET DATED 22-10-2020 IN E.P NO. 343/2019 ON THE FILES OF PRINCIPAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE ADVANCE APPLICATION.

EXHIBIT P8 TRUE PHOTOSTAT COPY OF MEMO GIVEN INTIMATING THE ADVANCEMENT. EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE STATUS REPORT DATED 19.10.2020.

RESPONDENT'S/S EXHIBITS: EXHIBIT-R1(a): THE TRUE COPY OF THE PROCEEDINGS SHEET DATED 12- 08-2020 IN E.P.NO.343/2019 ON THE FILE OF MUNSIFF COURT, ERNAKULAM 4 OP(C).No.1607 OF 2020 EXHIBIT-R1(b): COPY OF THE PROCEEDINGS SHEET DATED 20-08-2020 IN E.P.NO.343/2019 ON THE FILE OF MUNSIFF COURT, ERNAKULAM