Ittiyachan vs Baby @ Baby V.Mundadan
2021 Latest Caselaw 18753 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
                                    &
                  THE HONOURABLE MR.JUSTICE K. BABU
     THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                       R.C.REV. NO.399 OF 2019
  AGAINST THE JUDGMENT DATED 22.07.2019 IN R.C.A. 11 OF 2018 OF THE
 RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE), NORTH
  PARAVUR AND ORDER DATED 16.02.2018 IN R.C.P. NO.29 OF 2014 OF THE
             RENT CONTROL COURT (MUNSIFF COURT), ALUVA.

REVISION PETITIONER/S:
     1     ITTIYACHAN,
           AGED 75 YEARS,
           S/O.URUMEES, THOTTAKKARA HOUSE, VADAKKUMBHAGAM,
           MANJAPPRA, ALUVA TALUK, ERNAKULAM DISTRICT.

     2     THRESSIAMMA,
           AGED 72 YEARS,
           W/O.ITTIYACHAN, THOTTAKKARA HOUSE, VADAKKUMBHAGAM,
           MANJAPPRA, ALUVA TALUK, ERNAKULAM DISTRICT.
           (BOTH PETITIONERS ARE REPRESENTED BY THEIR POWER OF
           ATTORNEY HOLDER AUGUSTHY, AGED 71 YEARS, S/O.VAREED,
           MADAN HOUSE, VADAKKUMBHAGAM, MANJAPPRA, ALUVA TALUK,
           ERNAKULAM DISTRICT).

           BY ADVS.
           E.C.POULOSE
           SMT.BOBBY RAPHEAL.C


RESPONDENT/S:
           BABY @ BABY V.MUNDADAN,
           S/O.VARKEY, MUNDADAN HOUSE, ANGAMALY, ERNAKULAM DISTRICT
           - 683 572.

           BY ADVS.
           SRI.B.JAYASANKER
           SRI.K.SREESAKUMAR

     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.C.REV. NO.399 OF 2019

                                    2



                               JUDGMENT

Anil K. Narendran, J.

The revision petitioners herein have filed R.C.P. No.29 of

2014 on the file of the Rent Control (Munsiff) Court, Aluva, a

petition filed under Section 11(3) of the Kerala Building (Lease

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

tenant from the petition schedule shop room. The petitioners

have filed this revision invoking the provisions under Section 20

of the Act, against the judgment dated of 22.07.2019 of the

Rent Control Appellate Authority (Additional District Judge),

North Paravur in R.C.A. No.11 of 2018, whereby the order dated

16.07.2018 of the Rent Control Court in R.C.P. No.29 of 2014

stands reversed.

2. On 25.10.2019, when this revision came up for

admission, this Court admitted the matter on file and issued

notice to the respondent by speed post.

3. On 03.03.2020, the learned counsel for the petitioners

submitted that there is a chance of settlement of the dispute

involved in this matter. The learned counsel for the respondent R.C.REV. NO.399 OF 2019

sought time to explore the possibilities of settlement.

4. Today, when the case is taken up for consideration,

the learned counsel for the petitioner-landlord would submit that

the matter has been amicably settled between the parties and

as such the petitioner-landlord do not want to prosecute this

revision further, which may be dismissed as not pressed. A

memo to that effect has also been filed by the learned counsel

for the petitioner.

In such circumstances, recording the 'not press' memo

filed by the learned counsel for the petitioner, this revision is

dismissed as not pressed.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

K. BABU JUDGE

MIN