E.K.John vs Babu Sacharia
2021 Latest Caselaw 19490 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 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA,
                            1943
                   OP (RC) NO. 16 OF 2018
PETITIONER:

         E.K.JOHN
         AGED 66 YEARS
         S/O KORAH, ELLICKAL HOUSE, KOLANI KARA,
         THODUPUZHA VILLAGE, IDUKKI-685 584.

         BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENT:

         BABU SACHARIA, AGED 60,
         S/O LATE SACHARIA, KOONAMMAKKAL HOUSE, MYLACOMBU
         KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK,
         IDUKKI 685584.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -2-

OP (RC) NO. 16 OF 2018



                           JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the landlord in R.C.O.P.No.1 of

2015 on the file of the Rent Control Court, Thodupuzha, has

filed this original petition under Article 227 of the Constitution

of India, seeking an order directing the Rent Control Court to

dispose of the application referred to in Ext.P2 judgment of

this Court dated 28.03.2017 in O.P.(RC)No.120 of 2015, at the

earliest, and also to dispose of R.C.O.P.No.1 of 2015, at the

earliest.

2. On 21.02.2018, when this original petition came up

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

Control Court, Thodupuzha as to whether the directions in

Ext.P2 judgment dated 28.03.2017 in O.P.(RC)No.120 of 2015

have been complied with or not.

3. Pursuant to the aforesaid order, a report dated

27.02.2018 of the Rent Control Court is placed on record.

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

the learned counsel for the petitioner would submit that the

tenant has already been evicted from the shop room in

OP (RC) NO. 16 OF 2018

question and key of the shop room has also been handed over

to the petitioner-landlord based on the orders passed by the

Rent Control Court on 20.11.2019 and as such, nothing

survives in this original petition.

Recording the above submission made by the learned

counsel for the petitioner, this original petition is closed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE

AV/22/9

OP (RC) NO. 16 OF 2018

APPENDIX OF OP (RC) 16/2018

PETITIONER EXHIBITS

EXT-P1: A TRUE COPY OF THE RCOP NO 1 OF 2015 DATED 26.5.2015 BEFORE THE RENT CONTROL COURT, THODUPUZHA

EXT-P2: A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN OP (RC) NO 120 OF 2015 DATED 28.3.2017.

EXT-P3: A TRUE COPY OF THE 1A NO 1247 OF 2016 IN RCOP NO 1 OF 2015 ON THE FILE OF THE RENT CONTROL COURT, THODUPUZHA DATED 23.6.2017

EXT-P4: A TRUE COPY OF THE JUDGMENT IN OPRC NO 111 OF 2017 DATED 28.7.2017 BY THIS HON'BLE COURT