Jijo C.P vs Radhakrishnan
2024 Latest Caselaw 28820 Ker

Kerala High Court

Jijo C.P vs Radhakrishnan on 3 October, 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.
        Thursday, the 3rd day of October 2024 / 11th Aswina, 1946

                  IA.NO.1/2024 IN RCREV. NO. 207 OF 2022

RCA NO.89/2017 OF THE ADDL. DISTRICT COURT & SESSIONS COURT-IV, THRISSUR/III
                            ADDL. MACT, THRISSUR

PETITIONER/APPELLANT/RESPONDENT:

     JIJO C.P, AGED 35 YEARS, AISWARYA NAGAR, PARANATTUKARA DESOM,
     PURANATTUKARA VILLAGE, PURANATTUKARA (P.O.), THRISSUR TALUK,
     THRISSUR DRISTRICT, PIN - 680510.

RESPONDENT/RESPONDENT/PETITIONER:

     RADHAKRISHNAN, AGED 60 YEARS, PURANATTUKARA DESOM, PURANATTUKARA
     VILLAGE, PURANATTUKARA (P.O.), THRISSUR TALUK, THRISSUR DRISTRICT,
     PIN - 680510

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant one more
month time to the petitioner to file an undertaking before the rent
controller, as ordered by this Hon'ble Court on 09.08.2024.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's judgment dated
09.08.2024 , and upon hearing the arguments of M/S.PRABHU K.N. & MANUMON
A., Advocates for the petitioner and of SRI.G.SREEKUMAR (CHELUR), Advocate
for the respondent, the court passed the following:



                                                                     (P.T.O)
                         AMIT RAWAL & EASWARAN S, JJ.
                                      IA No.1 of 2024
                                                 in
                                RCRev. No.207 OF 2022
                        ----------------------------------------------------
                      Dated this the 3rd day of October, 2024

                                           ORDER

Amit Rawal, J.

IA No.1 of 2024 has been filed on the ground that the

undertaking was mistakenly filed before the Hon'ble Principle

Court Thrissur on 2024 August 27 in EP 3091 of 2017 in RCP

No.104 of 2014 instead of filing before the Rent Controller as

ordered by this Court. Therefore there is a delay in not filing the

undertaking within a period of one month.

2. Counsel for the petitioner submitted that the undertaking

would be filed within a period of one week at the proper court.

In case the correct undertaking is filed within a period of one

week, the period of one month is deemed to be extended by

another one week. Application stands disposed of. It is made

clear that in case of non compliance of the aforementioned

direction, the landlord shall be at liberty to seek execution of the

judgment already passed.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

    sab                                                   EASWARAN. S, JUDGE



03-10-2024                        /True Copy/                                   Assistant Registrar