Citation : 2022 Latest Caselaw 2145 Ker
Judgement Date : 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 24th day of February 2022 / 5th Phalguna, 1943
OP (RC) NO. 126 OF 2021
IA 2/2021 in RCP 59/2021 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM.
PETITIONER/ PETITIONER/ LANDLORD:
SAFIA, AGED 60 YEARS, W/O. ABUBECKER, MANIYL HOUSE, KEERTHI NAGAR
JUNCTION, ELAMAKKARA (P.O), ERNAKULAM-682 026
BY ADVS. M/S K.RAJESH KANNAN, AJITH C.R. & SEETHA.P.
RESPONDENT/ RESPONDENT/ TENANT:
ANU CHACKO, AGED 29 YEARS, W/O.SUBIN THOMAS, KALAMBATTU, VETTAMPARA
(P.O), PINDIMANAM, ERNAKULAM-686 681
This OP (Rent Control) having come up for orders on 24-02-2022, upon
perusing the letter received from the Munsiff, Ernakulam dated 31-01-2022
and this court's Judgment dated 09-12-2021 the court on the same day
passed the following.
[PTO]
ANIL K.NARENDRAN & P.G. AJITHKUMAR, JJ.
------------------------------
O.P.(RC)No.126 of 2021
-----------------------------------
Dated this the 24th February, 2022
ORDER
Anil K. Narendran, J.
By judgment dated 09.12.2021, this original petition was
disposed of with the following directions;
"11. Having considered the submissions made by the learned counsel for the petitioner, we deem it appropriate to dispose of this original petition with the following directions;
i) On receipt of a certified copy of this judgment, the petitioner shall move an application before the Rent Control Court, to advance R.C.P.No.59 of 2021 to a near date.
ii) In case the respondent-tenant is yet to file counter in I.A.No.2 of 2021 in R.C.P.No.59 of 2021, the same shall be filed within a period of two weeks from such posting.
iii) Thereafter, the Rent Control Court shall pass appropriate orders on I.A.No.2 of 2021 in R.C.P.No.59 of 2021, strictly in accordance with the provisions under Section 12 of the Act, as expeditiously as possible, at any rate, within a further period of one month.
iv) Insofar as the final disposal of R.C.P.No.59 of 2021 is concerned, it is for the petitioner-landlord to move an application for expeditious disposal of R.C.P.No.59 of 2021 once pleadings are complete.
Then the Rent Control Court shall take an O.P.(RC)No.126 of 2021
appropriate decision on that application in accordance with law."
Seeking extension of time for final disposal of R.C.P.No.59 of
2021, a request dated 31.01.2022 is made by the I Additional
Munsiff, who is in charge of III Additional Rent Control Court,
Ernakulam.
Having considered the averments in the said request, the
extension of time, as sought for is granted for disposing I.A.No.2
of 2021.
Sd/-
ANIL K.NARENDRAN JUDGE
Sd/-
P.G. AJITHKUMAR JUDGE yd
24-02-2022 /True Copy/ Assistant Registrar
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