Jeeson Varghese vs Calvin Clint
2021 Latest Caselaw 19868 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 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                      O.P.(R.C.) NO. 136 OF 2020
        R.C.P.NO.9/2019 OF RENT CONTROL COURT, ERNAKULAM
PETITIONERS:

    1        JEESON VARGHESE, AGED 40 YEARS
             S/O.VARGHESE, MALAMEL HOUSE, THRIKKAKARA P.O.,
             THOPPIL JUNCTION, THRIKKAKARA

    2        SMIJO VARGHESE, AGED 38 YEARS
             S/O.VARGHESE, MALAMEL HOUSE, THRIKKAKARA P.O.,
             THOPPIL JUNCTION, THRIKKAKARA

    3        TIJO VARGHESE, AGED 36 YEARS
             S/O.VARGHESE, MALAMEL HOUSE, THRIKKAKARA P.O.,
             THOPPIL JUNCTION, THRIKKAKARA

             BY ADVS.
             K.R.VINOD
             SMT.M.S.LETHA
             KUM.K.S.SREEREKHA
             SRI.NABIL KHADER



RESPONDENT:

             CALVIN CLINT
             S/O.TOMY, THE PROPRIETOR, SMART SUPPLIERS,
             MAROTTICHODU JN. EDAPALLY, KOCHI-24


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
23.09.2021,     THE   COURT   ON   THE     SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(R.C.) NO. 136 OF 2020

                                   2




                          JUDGMENT

Anil K. Narendran, J.

The petitioners have filed this original petition under Article

227 of the Constitution of India seeking an order to direct the Rent

Control Court (Munsiff), Ernakulam, to hear and dispose of Ext.P1

case, R.C.P.No.9 of 2019 within a time frame. The said R.C.P. is

one filed by the petitioners-landlords under Section 11(2) (b) of

the Kerala Buildings (Leasing and Rent Control) Act, 1965, seeking

eviction of the respondent herein-tenant from the petition schedule

building.

2. On 30.11.2020, when this original petition came up for

admission, this Court admitted the matter on file and issued notice

to the respondent. Notice issued to the respondent returned with

an endorsement "addressee left".

3. Heard the learned counsel for the petitioners.

4. The Rent Control Court, Ernakulam has already allowed

R.C.P.No.9 of 2019 by its order dated 12.02.2021. O.P.(R.C.) NO. 136 OF 2020

In such circumstances, no orders are necessary in this

original petition and the same is accordingly dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE AS O.P.(R.C.) NO. 136 OF 2020

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN R.C.P.9/2019 IN THE FILES OF RENT CONTROL COURT, ERNAKULAM

EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN R.C.P.9/2019 IN THE FILES OF RENT CONTROL COURT, ERNAKULAM