Kerala High Court
Aadhiriyaa Medical Solutions Pvt.Ltd vs Sainudheen on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
IA.NO.3/2024 IN EX.SA NO. 3 OF 2024
EA 2/2023 IN EP 92/2022 OF MUNSIFF- MAGISTRATE COURT,PONNANI
AS 32/2023 OF ADDITIONAL DISTRICT COURT, TIRUR
APPLICANTS/APPELLANTS:
1. AADHIRIYAA MEDICAL SOLUTIONS PVT.LTD.,SHIRFTAN TOWER, AMSAKACHERI,
P.O. EDAPPAL, PONNANI TALUK, MALAPPURAM DISTRICT, REPRESENTED BY ITS
DIRECTOR, NOORUL HUCK PUZHAKKALAKATH,AGED 44 YEARS, S/O NOOR
MUHAMMAD, PUZHAKKALAKATH HOUSE, P.O. POLPPAKKARA, POTHANNUR, PONNANI
TALUK,REPRESENTED BY POWER OF ATTORNEY HOLDER RAJESH T.S.,AGED 43
YEARS,S/O.SREEDHARAN,NEERKATTIL HOUSE,
P.O.SUKAPURAM,VATTAMKULAM,PONNANI TALUK,MALAPPURAM
DISTRICT,PIN-679576.
2. NOORUL HUCK PUZHAKKALAKATH, AGED 44 YEARS S/O NOOR MUHAMMAD,
PUZHAKKALAKATH HOUSE, P.O. POLPPAKKARA, POTHANNUR, PONNANI
TALUK,REPRESENTED BY POWER OF ATTORNEY HOLDER RAJESH T.S.,AGED 43
YEARS,S/O.SREEDHARAN,NEERKATTIL HOUSE,
P.O.SUKAPURAM,VATTAMKULAM,PONNANI TALUK,MALAPPURAM
DISTRICT,PIN-679576.
RESPONDENTS/RESPONDENTS:
1. SAINUDHEEN, S/O. KUNHAMMAD, KARUMANKUZHIYIL HOUSE, KADANCHERI AMSOM
DESOM, PONNANI TALUK, PIN - 679582.
2. BASHEER, S/O. MOIDUNNI,ACHARATH, SHIRFAN TOWER, AADHIRIYAA, MEDICAL
CENTRE, AMSA KACHERI, P.O. EDAPPAL,PONNANI TALUK, MALAPPURAM
DISTRICT, PIN - 679576.
3. BIJU NAIR, S/O KARUNAKARAN NAIR, KARUVITTASSERI HOUSE, SHIRFAN
TOWER,PIN-679576, AADHIRIYAA, MEDICAL CENTRE, AMSA KACHERI, P.O.
EDAPPAL,PONNANI TALUK, MALAPPURAM DISTRICT.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant two months
time to the appellant for preferring a special leave petition before the
apex court challenging the judgment in EX.SA.No.3 of 2024 dated
18.03.2024.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof upon perusing this court's
judgment dated 18/3/24 and upon hearing the arguments of
SRI.T.SETHUMADHAVAN, Senior Advocate along with M/S.DEEPA NARAYANAN,
K.SUJAI SATHIAN, PREETHI P.V., M.V.BALAGOPAL, MARY LIYA SABU, Advocates
for the petitioners, the court passed the following:
A. BADHARUDEEN, J.
================================
I.A.No.3 of 2024
in
Ex.S.A No.3 of 2024
================================
Dated this the 3rd day of April, 2024
ORDER
This is a petition filed by the petitioners/appellants
seeking two months' time for them to prefer a Special Leave
Petition before the Apex Court, challenging the judgment dated
18.03.2024 in Ex.S.A.No.3/2024, though it is argued by the
learned counsel for the petitioners at length that the petitioners
may be given a breathing time to vacate the building.
2. The prayer sought by the petitioners for
breathing time at the time of considering the Second Appeal was
negatived on the ground that no tenancy or occupation of the
building by the petitioners found by this Court, repeatedly, in
different proceedings.
3. In this matter, it was noticed by this Court that
arrears of rent is more than Rs.60 lakh and the original tenants
(they are not the petitioners herein) are occupying the building
even without paying a single penny as rent. In fact, the tenants
suffered eviction for non-payment of rent under Section 12(3) of
the Kerala Buildings (Lease and Rent Control) Act, 1965.
Therefore, I am not inclined to grant any further time
since 15 days have already been elapsed after rendering the
judgment. Hence this petition is devoid of any merit and is
dismissed with direction to the execution court to comply the
directions issued by this Court vide judgment in
Ex.S.A.No.3/2024 dated 18.03.2024, without fail.
Registry shall forward a copy of this order to the trial
court by e-mail today itself for information.
Sd/-
(A.BADHARUDEEN, JUDGE)
rtr/
03-04-2024 /True Copy/ Assistant Registrar
