Kerala High Court
Satheesh Kumar vs Ivy Elizabeth Philip on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA,
1943
OP (RC) NO. 80 OF 2020
R.C.A.NO.29 OF 2018 OF THE RENT CONTROL APPELLATE
AUTHORITY (III ADDITIONAL DISTRICT COURT), KOLLAM.
PETITIONERS/APPELLANTS/RESPONDENTS:
1 SATHEESH KUMAR, AGED 52 YEARS
S/O. RAGHAVAN PILLAI, RESIDING AT SANTHAMMA
BHAVAN, HOUSE NO.303, KUREEPUZHA CHERRY, PERINAD
P.O., KOLLAM, PIN-691 601
2 SHYLAJA, AGED 50 YEARS
W/O. SATHEESH KUMAR, RESIDING AT SANTHAMMA
BHAVAN, HOUSE NO.303, KUREEPUZHA CHERRY, PERINAD
P.O., KOLLAM, PIN-691 601
BY ADV.SRI. RAJU JOSEPH
RESPONDENTS/RESPONDENTS/PETITIONERS:
1 IVY ELIZABETH PHILIP, AGED 40 YEARS,
W/O. LATE CHANDY GEORGE, RESIDING AT PANCHERIYIL
VEEDU, HOUSE NO.1619, VADAKKUMBHAGOM WARD,
KOLLAM EAST VILLAGE, PIN-691 584
2 JESLIN GEORGE CHANDY
AGED 14 YEARS MINOR, RESIDING AT PANCHERIYIL
VEEDU, HOUSE NO.1619, VADAKKUMBHAGOM WARD,
KOLLAM EAST VILLAGE, PIN-691 584 REPRESENTED BY
HER NEXT FRIEND IVY ELIZABETH PHILIP, AGED 40
YEARS, W/O. LATE CHANDY GEORGE, RESIDING AT
PANCHERIYIL VEEDU, HOUSE NO.1619, VADAKKUMBHAGOM
WARD, KOLLAM EAST VILLAGE, PIN-691 584
-2-
OP (RC) NO. 80 OF 2020
3 JOSHNA PHILIP CHANDY, AGED 7 YEARS MINOR,
RESIDING AT PANCHERIYIL VEEDU, HOUSE NO.1619,
VADAKKUMBHAGOM WARD, KOLLAM EAST VILLAGE, PIN-
691 584 REPRESENTED BY HER NEXT FRIEND IVY
ELIZABETH PHILIP, AGED 40 YEARS, W/O. LATE
CHANDY GEORGE, RESIDING AT PANCHERIYIL VEEDU,
HOUSE NO.1619, VADAKKUMBHAGOM WARD, KOLLAM EAST
VILLAGE, PIN-691 584
4 SREEKUMAR, AGED 57, S/O.RAGHAVAN PILLAI,
RESIDING AT KADAVAZHIKATH, KOLLUMOOD WEST,
KUREEPUZHA CHERRY, THIRKKADAVOOR VILLAGE,
KOLLAM PIN 691601
5 SUJATHA, AGED 65 YEARS
D/O. RAGHAVAN PILLAI, RESIDING AT VELLIPPATT
VEEDU, KOCHALUMMOOD, KUREEPUZHA CHERRY,
THRIKKADAVOOR VILLAGE, KOLLAM,PIN-691 601
6 SUKUMARY
AGED 61 YEARS
D/O. RAGHAVAN PILLAI, KODIYAZHIKATH THEKKETHIL,
KOCHALUMMOOD WEST, KUREEPUZHA CHERRY,
THRIKKADAVOOR VILLAGE, KOLLAM,PIN-691 601
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.ANIL K.NAIR
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (RC) NO. 80 OF 2020
JUDGMENT
Anil K. Narendran, J.
The petitioners have filed this original petition under
Article 227 of the Constitution of India, seeking a direction to
the Rent Control Appellate Court (Additional District Judge-
III), Kollam to consider Ext.P6 interlocutory application
seeking an order to restore Ext.P2 appeal, i.e., R.C.A.No.29 of
2018, which was dismissed for default on 04.12.2019. The
petitioners have also sought for an order directing the Munsiff
Court, Kollam to keep in abeyance Execution Petition No.120
of 2018 in R.C.P.No.31 of 2013, pending disposal of Ext.P6
interlocutory application.
2. On 03.07.2020, when this original petition came up
for admission, this Court admitted the matter on file and
issued notice by speed post to the respondent. This Court has
granted an interim stay of all further proceedings in
E.P.No.120 of 2018 on the files of the Rent Control Court,
Kollam, for a period of four weeks.
3. Today, when the matter is taken up for
OP (RC) NO. 80 OF 2020
consideration, the learned counsel for the petitioners would
submit that Ext.P6 interlocutory application, i.e., I.A.No.1 of
2019 in R.C.A.No.29 of 2018, has already been allowed by the
Rent Control Appellate Authority and such, nothing further
survives for consideration in this original petition. Therefore,
this original petition may be dismissed as infructuous.
Recording the above submission made by the learned
counsel for the petitioners, this original petition is dismissed
as infructuous. Consequently, the interim order dated
03.07.2020 is vacated.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/21/10
