V.R. Jyothish vs Hussain
2023 Latest Caselaw 8839 Ker

Citation : 2023 Latest Caselaw 8839 Ker
Judgement Date : 14 August, 2023

Kerala High Court

V.R. Jyothish vs Hussain on 14 August, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                  &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                     OP (RC) NO. 127 OF 2023
I.A.NO.1 OF 2020 IN R.C.A.NO.36 OF 2020 OF THE RENT CONTROL
                 APPELLATE AUTHORITY, THRISSUR
PETITIONER/PETITIONER/APPELLANT/RESPONDENT:

             V.R. JYOTHISH, AGED 53 YEARS, S/O. VAKKATH
             RAMAKRISHNAN, ADVOCATE, AYYANTHOLE DESOM &
             VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN
             - 680002

             BY ADVS.E.VIJIN KARTHIK
             R.ROHITH
             JITHIN VARGHESE


RESPONDENT/RESPONDENT/RESPONDENT/PETITIONER:

             HUSSAIN, AGED 63 YEARS, S/O. PILATHOTTATHIL
             KOYAMU, ADAVANADU DESOM & VILLAGE, TIRUR TALUK,
             MALAPPURAM DISTRICT, PIN - 676101

             BY ADV PRIYA P. K




     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
14.08.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                 2
OP(RC)No.127 of 2023


                           JUDGMENT

Anil K. Narendran, J.

The petitioner-tenant, who is the respondent in R.C.P.No.5

of 2016 on the file of the Rent Control Court, Thrissur, filed by

the respondent herein-landlord, and the appellant in R.C.A.No.36

of 2020 on the file of the Rent Control Appellate Authority,

Thrissur, has filed this original petition under Article 227 of the

Constitution of India, seeking an order directing the Rent Control

Appellate Authority, Thrissur to dispose of I.A.No.1 of 2020 in

R.C.A.No.36 of 2020 within a time frame to be fixed by this

Court. The petitioner has also sought for an order directing the

Principal Munsiff Court, Thrissur to keep in abeyance the

execution in E.P.No.351 of 2020 in R.C.P.No.5 of 2016, till the

disposal of I.A.No.1 of 2023 in R.C.A.No.36 of 2020.

2. On 14.07.2023, when this original petition came up

for admission, this Court admitted the matter on file. The learned

counsel took notice for the respondent. In view of the fact that

payment of an amount of Rs.5,00,000/- has been made towards

arrears of rent, this Court granted an interim stay of all further

proceedings in E.P.No.351 of 2020 in R.C.P.No.5 of 2016 on the

file of the Principal Munsiff Court, Thrissur, for a period of one

month.

OP(RC)No.127 of 2023

3. Today, when this matter is taken up for consideration,

the learned counsel for the petitioner-tenant would submit that

the Rent Control Appellate Authority has finally heard

R.C.A.No.36 of 2020 and reserved the matter for judgment and

therefore, this original petition may be dismissed as infructuous.

In such circumstances, recording the aforesaid submission

made by the learned counsel for the petitioner, this original

petition is dismissed as infructuous.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/16/8

OP(RC)No.127 of 2023

APPENDIX OF OP (RC) 127/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE OF THE RENT CONTROL PETITION FILED BY THE RESPONDENT DATED 18/1/2016 BEFORE THE RENT CONTROL COURT, THRISSUR IN RCP NO 5/2016

Exhibit P2 A TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN RCP NO. 5/2016 DATED 23/1/2017

Exhibit P3 A TRUE COPY OF THE COMMON ORDER DATED 31/10/2019 IN RCP NO. 5/2016 PASSED BY THE RENT CONTROL COURT, THRISSUR

Exhibit P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 13/1/2020 IN RCA NO. 36/2020 ON THE FILES OF THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR

Exhibit P5 A TRUE COPY OF THE PETITION FOR STAY DATED 13/1/2020 IN I.A. NO. 1/2020 IN RCA NO. 36/2020 ON THE FILES OF THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR

Exhibit P6 A TRUE COPY OF THE DELAY PETITION IN I.A. NO.

3/2020 IN RCA NO. 36/2020 ON THE FILES OF THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR

Exhibit P7 A TRUE COPY OF THE EXECUTION PETITION BEARING E.P. NO. 351/2020 IN RCP NO. 5/2016 DATED 22/2/2020 THUS FILED BY THE RESPONDENT ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR

Exhibit P8 A TRUE COPY OF THE OBJECTION DATED 23/5/2022 IN E.P. NO. 351/2020 IN RCP NO. 5/2016 ON THE FILES OF THE PRINCIPLE MUNSIFF COURT, THRISSUR

Exhibit P9 A TRUE COPY OF THE STAY PETITION BEARING E.A.

NO. 2122/2023 IN E.P. NO. 351/2020 IN R.C.P. NO. 5/2016 DATED 7/7/2023 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR

OP(RC)No.127 of 2023

Exhibit P10 A TRUE COPY OF THE PROCEEDINGS IN E.P.

DOWNLOADED FROM THE E-COURT SERVICE DATED 11/7/2023

Exhibit P11 A TRUE COPY OF THE DEMAND DRAFT DATED 13-07-