Salahudhin V K vs Havis Nidhi Private Limited
2024 Latest Caselaw 14248 Ker

Kerala High Court

Salahudhin V K vs Havis Nidhi Private Limited on 29 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR. JUSTICE AMIT RAWAL
                               &
             THE HONOURABLE MR. JUSTICE EASWARAN S.
 WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                     OP (RC) NO. 72 OF 2024
 RCP NO.41 OF 2023 OF PRINCIPAL MUNSIFF COURT KOZHIKODE-I
PETITIONER:

         SALAHUDHIN V K
         AGED 41 YEARS
         S/O MOIDU HAJI, RESIDING AT VELLATTUTHAZHE
         KUNIYIL, KUNNUMMAL AMSOM AND DESOM,
         VATAKARA TALUK, KOZHIKODE - 673507
         REPRESENTED BY POWER OF ATTORNEY HOLDER
         SHRI. MOIDU HAJI, S/O HASSAN HAJI,
         AGED 68 YEARS, VELLATTUTHAZHE KUNIYIL,
         KUNNUMMAL AMSOM DESOM, VATAKARA TALUK,
         KOZHIKODE DISTRICT, PIN - 673507

         BY ADVS.
         M.K.SUMOD
         VIDYA M.K.
         THUSHARA.K
         NAMITHA GEORGE


RESPONDENT:

         HAVIS NIDHI PRIVATE LIMITED
         SABALA BUILDING, P.O.NADAKKAVU,
         KACHERI AMSOM AND DESOM, KOZHIKODE TALUK AND
         DISTRICT
         REPRESENTED BY ITS DIRECTOR,
         SHRI.RAJEESH PEEDIKAKANDIYIL, S/O CHANDU ACHARI,
         AGE NOT KNOWN, PEEDIKAKANDIYIL HOUSE,
         CHEEKONNU WEST, P.O NARIPATTA AMSOM,
         CHEEKONNUMMAL DESOM, VATAKARA TALUK,
         KOZHIKODE DISTRICT, PIN - 673507


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(R.C.) No. 72/2024             2




                               JUDGMENT

AMIT RAWAL, J.

The prayer in this original petition is for early

disposal of R.C.P.No.41/2023 filed by the petitioner-

landlord. The proceedings of the court shows that

despite having taken four dates, counter affidavit has

not been filed by the respondent. The next date of

posting before the Rent Controller is 03.06.2024.

2. Petitioner would have been an opportunity to

press the provisions of the law for striking off the

defence of the respondent in the absence of filing of

the counter affidavit. We expect that the trial court shall also exercise such powers in accordance with law.

Original petition stands disposed off.

sd/-

AMIT RAWAL JUDGE

sd/-

EASWARAN S. JUDGE DCS/30.05.2024

APPENDIX OF OP (RC) 72/2024

PETITIONER EXHIBITS

EXHIBIT P1 A CERTIFIED COPY OF THE POWER OF ATTORNEY SUBMITTED BEFORE THE RENT CONTROL COURT DATED 06/09/2019

EXHIBIT P1(A) TRUE COPY OF ENGLISH TRANSLATION OF EXT P1

EXHIBIT P2 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE HON'BLE RENT CONTROLLER (MUNSIFF COURT-I (P), KOZHIKODE U/S 11(2)(B), 11(4)(III) AND 11(4)(V) OF THE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT, 1965 ON 07/07/2023

EXHIBIT P3 TRUE COPY OF THE PRINTOUT TAKEN DESCRIBING THE DAILY STATUS OF THE PROCEEDINGS OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF-I, KOZHIKODE) DATED 10/08/2023

EXHIBIT P4 TRUE COPY OF THE PRINTOUT TAKEN DESCRIBING THE DAILY STATUS OF THE PROCEEDINGS OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF-I, KOZHIKODE) DATED 13/10/2023

EXHIBIT P5 TRUE COPY OF THE PRINTOUT TAKEN DESCRIBING THE DAILY STATUS OF THE PROCEEDINGS OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF-I, KOZHIKODE) DATED 01/12/2023

EXHIBIT P6 TRUE COPY OF THE PRINTOUT TAKEN DESCRIBING THE DAILY STATUS OF THE PROCEEDINGS OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF-I, KOZHIKODE) DATED 26/02/2024