Valiyaparambath Raveendran vs Shobhana
2023 Latest Caselaw 10205 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                                      &
                  THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
         Thursday, the 21st day of September 2023 / 30th Bhadra, 1945

                   IA.NO.1/2023 IN RCREV. NO. 202 OF 2023

RCA NO.22/2021 OF THE RENT CONTROL APPELLATE AUTHORITY/1ST ADDITIONAL DISTRICT
                               JUDGE, KOZHIKODE

       RCP NO.69/2017 OF THE RENT CONTROLLER/MUNSIFF COURT, VADAKARA

 PETITIONER/REVISION PETITIONER:

      VALIYAPARAMBATH RAVEENDRAN, AGED 62 YEARS, S/O KANARAN,
      VALIYAPARAMBATH HOUSE, VILLIAPPALLI AMSOM, POST-MAYYANNUR, VATAKARA
      TALUK, KOZHIKODE DISTRICT, PIN - 673513

 RESPONDENT/RESPONDENT:

   1. SHOBHANA, W/O LATE DANUVOTH BALAN, AGED 68 YEARS, CLASSIC NIVAS,
      NEAR AYURVEDHA HOSPITAL, PUTHUPPANAM P.O., VATAKARA TALUK, KOZHIKODE
      DISTRICT, PIN - 673105
   2. VIJILA, W/O MANOJAN, AGED 48 YEARS, KUNUMMAL HOUSE, KATCHERI P.O.,
      KOTTEMBRAM, VATAKARA, KOZHIKODE, PIN - 673502
   3. VIJESH, S/O LATE DANUVOTH BALAN, AGED 44 YEARS, CLASSIC NIVAS, NEAR
      AYURVEDHA HOSPITAL, PUTHUPPANAM P.O., VATAKARA TALUK, KOZHIKODE
      DISTRICT, PIN - 673105
   4. VINESH, S/O LATE DANUVOTH BALAN, AGED 40 YEARS, CLASSIC NIVAS, NEAR
      AYURVEDHA HOSPITAL, PUTHUPPANAM P.O, VATAKARA TALUK, KOZHIKODE
      DISTRICT, PIN - 673105

      Application praying that in the circumstances stated in the
 affidavit filed therewith the High Court be pleased to stay all further
 proceedings consequent to the Judgment dated 13.04.2023 in RCA No.22/2021
 on the file of the Rent Control Appellate Authority/1st Additional
 District Judge, Kozhikode which arose from the order dated 31.03.2021 in
 RCP No.69/2017 on the file of the Rent Controller/Munsiff Court, Vadakara.
      This Application coming on for orders upon perusing the application
 and the affidavit filed in support thereof, and upon hearing the arguments
 of M/S.P.V.ANOOP, PHIJO PRADEESH PHILIP, ANJU R S., K C MOHAMED RASHID &
 BIJITHA B. BOSE, Advocates for the petitioner, the court passed the
 following:




                                                                    (P.T.O)
                       P.B.SURESH KUMAR & P.G.AJITHKUMAR, JJ.
                          -----------------------------------------------
                                 R.C.Rev.No.202 of 2023
                          -----------------------------------------------
                     Dated this the 21st day of September, 2023
                                          ORDER

Even though the learned counsel for the revision

petitioner argued on the merits of the matter elaborately, having

found that the arguments advanced on behalf of the petitioner are

not acceptable to the court, he alternatively prayed for a reasonably

longer time to surrender vacant possession of the premises which is

the subject matter of the proceedings.

In the light of the alternative submission made by the

learned counsel for the revision petitioner, the Registry is directed to

issue notice before admission to the respondents by special

messenger to hear them on the alternative plea taken by the

revision petitioner.

List on 29.09.2023.

I.A.No.1 of 2023

The court executing the order in R.C.P.No.69 of 2017

shall defer the proceedings till 29.09.2023, if the order has so far

not been executed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

P.G.AJITHKUMAR, JUDGE.

ds 21-09-2023 /True Copy/ Assistant Registrar