P.H. Sainul Abid vs Dr Mathew George
2022 Latest Caselaw 10763 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
      THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                      OP (RC) NO.7 OF 2018
    AGAINST THE ORDER/JUDGMENT IN R.C.P.NO.138/2015 OF
                PRINCIPAL MUNSIFF COURT, THRISSUR
PETITIONER/S:

         P.H. SAINUL ABID, AGED 31 YEARS,
         S/O.PUTHIYAKATH VEETTIL HANEEFA HAJI,
         ARANGADI DESOM, KADAPPURAM VILLAGE & P.O.,
         CHAVAKKAD TALUK, PIN -680514.
         BY ADVS.
         SRI.NAGARAJ NARAYANAN
         SRI.BENOJ C AUGUSTIN
         SRI.U.M.HASSAN
         SMT.P.PARVATHY
         SRI.RAFEEK. V.K.
         SRI.SAIJO HASSAN
         SRI.VISHNU BHUVANENDRAN


RESPONDENT/S:

         DR.MATHEW GEORGE, AGED 44 YEARS,
         S/O.KADAMBATTUPARAMBIL VEETTIL GEORGE,
         RESIDING AT BIG BAZAR, ARANATTUKARA VILLAGE
         & P.O., THRISSUR TALUK, PIN-680001.


         BY ADV SRI.A.DINESH RAO


THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) NO.7/2018              2



                             JUDGMENT

A.Muhamed Mustaque, J.

The learned counsel for the petitioner as well

as the respondent submitted that the vacant

possession of the building has been handed over to

the landlord. However, the learned counsel for the

petitioner submitted that there are two

interlocutory applications pending before the Rent

Control Court, Thrissur, and this Court may direct

the Rent Control Court, Thrissur, to consider those

applications. It is to be noted that the finality

of the proceedings culminated through an order

passed under Section 12 of the Kerala Buildings

(Lease and Rent Control) Act, 1965. Nothing further

survives in the matter. Therefore, we decline the

request. The original petition is dismissed as

infructuous.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SHOBA ANNAMMA EAPEN, JUDGE ln

APPENDIX OF OP (RC) 7/2018

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION AS RCP 138/2015 IN THE COURT OF THE RENT CONTROLLER, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE I.A.NO.1494/2016 IN RCP 138/2015 EXHIBIT P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER IN O.A.NO.1494/2016 EXHIBIT P4 TRUE COPY OF THE ORDER IN I.A.NO.1494/2016 DATED 15/3/2017 EXHIBIT P5 TRUE COPY OF THE ORDDER IN RCP 138/2015 DATED 15/3/2017 EXHIBIT P6 TRUE COPY OF THE I.A 19526/2017 EXHIBIT P7 TRUE COPY OF THE I.A. 19531/2017 EXHIBIT P8 TRUE COPY OF THE ORDER IN E.P 1920/2017 IN RCP 138/2015 DATED 3/01/2018.