Bono Fernandez @ Mary Bono ... vs Ajin Cheriyan George
2021 Latest Caselaw 22207 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
                              &
          THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                    O.P.(RC)NO.54 OF 2021
SEEKING SPEEDY DISPOSAL IN R.C.P.NO.10 OF 2020 ON THE FILE OF
    THE RENT CONTROL COURT (II ADDITIONAL MUNSIFF), KOCHI
PETITIONER/S:
          BONO FERNANDEZ @ MARY BONO FERNANDEZ,
          AGED 61 YEARS,
          W/O. ROBERT FERNANDEZ, HOUSE NO.1/1040 AND 1/1040
          A, KUNNAMPURAM, NJALIPARAMBU ROAD, FORT KOCHI,
          KOCHI-682001, NOW RESIDING AT FLAT NO.1D, EXPRESS
          ESTATE, KALOOR, KOCHI-682017.

         BY ADVS.
         BASIL CHANDY VAVACHAN
         SRI.GEORGIE SIMON
         SHRI.GOKIL JAGANNIVAS
         SMT.SURYA SUNDARESAN
         SMT.CHARUTHA BHAIJU
         SMT.TRESA AUGUSTINE


RESPONDENT/S:
          AJIN CHERIYAN GEORGE,
          AGED 32 YEARS,
          S/O. GEORGE M. CHERIYAN, PUTHENPURACKAL HOUSE,
          KURUVATTA P.O., KUMARAPURAM, ALAPPUZHA,
          NOW RESIDING AT: HOUSE NO.1/1040 AND 1/1040 A,
          KUNNAMPURAM, NJALIPARAMBU ROAD, FORT KOCHI,
          KOCHI-682001.
          BY ADVS.
          K.G.PREETHY
          M.K.FAISAL

     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(RC)NO.54 OF 2021

                                    2


                              JUDGMENT

Anil K. Narendran, J.

The petitioner has filed R.C.P. No.10 of 2020 before the

Rent Control Court (IInd Additional Munsiff), Kochi under

Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease

and Rent Control) Act, 1965, seeking eviction of the

respondent herein-tenant from the petition schedule building.

The grievance of the petitioner, who is a senior citizen aged

61 years, is the delay in final disposal of the Rent Control

Petition and also I.A.No.2 of 2021, which is one filed under

Section 12 of the Act. I.A.No.2 of 2021, in which the Rent

Control Court has already passed an order under Section

12(1) of the Act, which is one dated 03.08.2021.

2. On 07.04.2021, when this original petition came up

for admission, this Court called for a report from the Rent

Control Court. Pursuant to that order, the report dated

12.04.2021 of that court is placed on record.

3. On 28.06.2021, this Court issued urgent notice by O.P.(RC)NO.54 OF 2021

speed post to respondent, returnable within two weeks.

4. The only relief sought for in this original petition is

an early disposal of R.C.P.No.10 of 2020, which is now

pending consideration before the Rent Control Court, Fort

Kochi, I.A.No.2 of 2020, filed by the landlord, an application

under Section 12 of the Act, is also pending consideration

before that court, which is now listed to 08.11.2021.

In such circumstances, this original petition is disposed

of by directing the Rent Control Court to finally dispose of

R.C.P.No.10 of 2020, as expeditiously as possible, at any rate,

within a period of three months from 08.11.2021. The Rent

Control Court shall also pass final orders on I.A.No.2 of 2020,

within a period of one month.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

MIN O.P.(RC)NO.54 OF 2021

APPENDIX OF O.P.(RC)NO.54 OF 2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF RENTAL AGREEMENT DATED 15/07/2019 EXECUTED BETWEEN PETITIONER AND RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF LETTER DATED 19/04/2020 SENT BY PETITIONER TO RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF REPLY NOTICE DATED 11/06/2020 SENT BY THE RESPONDENT'S LAWYER TO THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF RCP NO.10/2020 OF HONOURABLE II-ADDITIONAL MUNSIFF COURT, KOCHI DATED 24/07/2020.

EXHIBIT P5 THE TRUE COPY OF MEDICAL HISTORY DATED 10/06/2017 OF PETITIONER'S HUSBAND.