Baiju vs Nazimudheen
2021 Latest Caselaw 21101 Ker

          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
                  O.P.(RC) No.123 OF 2020
    AGAINST THE ORDER/JUDGMENT IN E.A.NO.143 OF 2020 IN
   E.P.NO.113 OF 2019 IN R.C.P No.2 OF 2018 OF PRINCIPAL
        MUNSIFF COURT,NEDUMANGAD, THIRUVANANTHAPURAM


PETITIONER/3RD RESPONDENT:

         BAIJU
         AGED 54 YEARS
         S/O. GOPINATHAN, SAJIMANDIRAM, ARASUPARAMBU
         NEDUMANGAD VILLAGE, NEDUMANGAD P.O,
         THIRUVANANTHAPURAM - 695541.

         BY ADVS.
         SRI.SHINOD G.P
         SRI.GOVIND PADMANAABHAN
         SHRI.AJIT G ANJARLEKAR



RESPONDENTS/PETITIONER-RESPONDENT 1 AND 2:

    1    NAZIMUDHEEN
         AGED 28 YEARS
         S/O. SALAHUDHEEN, NAJEEMA MANZIL, THUMBODU,
         NEDUMANGAD VILLAGE, NEDUMANGADU P.O,
         THIRUVANANTHAPURAM - 695541.

    2    SAJI
         AGED 50 YEARS
         S/O. GOPINATHAN, SAJI MANDIRAM, ARASUPARAMBU,
         NEDUMANGAD VILLAGE, NEDUMANGAD P O,
                            2
O.P. (RC) No.123 OF 2020


         THIRUVANANTHAPURAM - 695541.

    3    ANI
         AGED 53 YEARS
         S/O. GOPINATHAN, SAJI MANDIRAM, ARASUPARAMBU,
         NEDUMANGAD VILLAGE, NEDUMANGAD PO,
         THIRUVANANTHAPURAM - 695541.

     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                    3
O.P. (RC) No.123 OF 2020


                            JUDGMENT

The petitioner, who is the 3rd respondent in E.A.No.143

of 2020 in E.P.No.113 of 2019 in R.C.P No.2 of 2018 on the

file of the Rent Control Court (Principal Munsiff),

Nedumangad, has filed this original petition under Article 227

of the Constitution of India, seeking an order directing the

Rent Control Court to consider and dispose of on merits

Ext.P3 execution application, i.e. E.A.No.143 of 2020 in

E.P.No.113 of 2019 in R.C.P.No.2 of 2018, before proceeding

with the Rent Control Petition, within a time limit to be fixed

by this Court.

2. On 05.11.2020, when this original petition came up

for admission, this court admitted on file the matter and

issued notice to the respondents by speed post.

3. Today, when the matter is taken up for

consideration, the learned counsel for the petitioner would

submit that since the matter is settled between the parties,

the relief sought for in this original petition has become

infructuous.

O.P. (RC) No.123 OF 2020

Recording the above submission made by the learned

counsel for the petitioner, this original petition is dismissed as

infructuous.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

O.P. (RC) No.123 OF 2020

APPENDIX OF OP (RC) 123/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 10.02.2020 OF THIS HONOURABLE COURT IN OP(RC) NO. 203 OF 2019.

EXHIBIT P2 A TRUE COPY OF THE COMMON ORDER DATED 30.06.2020 IN R.C.A NO.19 OF 2019 AND R.C.A. NO.26 OF 2019 OF THE COURT OF THE ADDITIONAL RENT CONTROL APPELLATE AUTHORITY V, THIRUVANANTHAPURAM.

EXHIBIT P3 A TRUE COPY OF E.A. NO. 143/2020 IN EP NO.113/2019 IN CRP NO. 2/2018 PREFERRED BY THE PETITIONER BEFORE THE RENT CONTROL COURT(PRINCIPAL MUNSIFF'S COURT), NEDUMANGAD.