Bijukumar vs Sreenu
2021 Latest Caselaw 7059 Ker

O.P.(RC).No.28/2021                      1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

               THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                         &

             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                             OP (RC).No.28 OF 2021

 AGAINST THE ORDER/JUDGMENT IN RCP 81/2009 OF PRINCIPAL MUNSIFF
                       COURT ,TRIVANDRUM


PETITIONER/S:

                BIJUKUMAR,
                AGED 41 YEARS,
                S/O.BHASKARAN, TC 67/537, VARUVILAKATHU VEEDU,
                PACHALLOOR, THIRUVANANTHAPURAM -695 027,
                REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
                BHASKARAN, AGED 66 YEARS, S/O. KUNJAN, RESIDING AT
                VARUVILAKATHU VEEDU, PACHALLOOR,
                THIRUVANANTHAPURAM-695 027.

                BY ADVS.
                SRI.D.KISHORE
                SMT.MEERA GOPINATH
                SRI.R.MURALEEKRISHNAN (MALAKKARA)

RESPONDENT/S:

                SREENU,
                S/O. MANIYAN, TC 43/1005(4), SWAYA NIVAS,
                VADUVATHUKOVIL, MUTTATHARA,
                THIRUVANANTHAPURAM-695 009.

                R1    BY   ADV.   SRI.M.R.ANANDAKUTTAN
                R1    BY   ADV.   SRI.MAHESH ANANDAKUTTAN
                R1    BY   ADV.   SMT.SHREEJI R. NAIR
                R1    BY   ADV.   SMT.M.A.ZOHRA

     THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
     01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 O.P.(RC).No.28/2021                   2




                             JUDGMENT

Dated this the 1st day of March, 2021

A.Hariprasad,J.

Heard the learned counsel for petitioner and respondent.

Reliefs sought for in the petition reads as follows:

"a) To direct the Rent Control Court, Thiruvananthapuram to pass final orders on Exhibits P2 and P3 petitions in I.A.8809/2019 and 8810/2019 in RCP 81/2009, expeditiously.

b) To direct the Principal Munsiffs Court, Thiruvananthapuram to keep in abeyance all further proceedings in E.P.276/2010 in RCP 81/2009 on its file till the final outcome of Exhibits P2 and P3 petitions.

c) Grant such other reliefs which this Honourable court may deem fit and proper in the interest of justice."

2. The learned counsel for the petitioner submitted that

the Rent Control Court has passed orders on Exts.P2 and P3

petitions and that the orders have gone against the petitioner.

Matter is being challenged before the Rent Control Appellate

Authority concerned. Hence, the original petition has become

infrectuous.

However, the interim order passed by this Court on

12.02.2021 shall be in force, for a period of one week from today.

Sd/-

A.HARIPRASAD JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

DG

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4.3.2010 IN RCP 81/2009 OF RENT CONTROL COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.8809/2019 IN RCP 81/2009 OF RENT CONTROL COURT, THIRUVANANTHAPURAM.

EXHIBIT P2(A) TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT TO EXHIBIT P2.

EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.8810/2019 IN RCP 81/2009 OF RENT CONTROL COURT, THIRUVANANTHAPURAM.

EXHIBIT P3(A) TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXHIBIT P3.