Kerala High Court
Puthanpurayil Sasidharan vs Shoukkat O P on 17 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
2024:KER:79908
OP (RC) NO. 148 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP (RC) NO. 148 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 05.09.2024
I.A.NO.13/2024 IN RCP NO.27 OF 2022 OF MUNSIFF COURT,
NADAPURAM ARISING OUT OF THE ORDER/JUDGMENT DATED
05.09.2024 I.A.NO.14/2024 IN RCP NO.27 OF 2022 OF MUNSIFF
COURT, NADAPURAM
PETITIONER(S)/RESPONDENT/RESPONDENT:
PUTHANPURAYIL SASIDHARAN
AGED 67 YEARS
S/O. LATE LEELAVATHI AMMA BUSINESS,
VALAYAM AMSOM,
CHERUMOTH DESOM VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673517
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENT(S)/PETITIONERS/PETITIONERS:
1 SHOUKKAT O P
AGED 45 YEARS
S/O. MUHAMMADALI @ MOOTHAN HAJI RESIDING AT
OTTAPILAVULLATHIL HOUSE,
EEYAMKOD AMSOM,
PERUVAKARA DESOM VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673101
2 FAUSIYA C
2024:KER:79908
OP (RC) NO. 148 OF 2024
2
AGED 35 YEARS
W/O. SHOUKKATH O P RESIDING AT OTTAPILAVULLATHIL
HOUSE, EEYAMKOD AMSOM, PERUVAKARA DESOM VADAKARA
TALUK, KOZHIKODE DISTRICT, PIN - 673101
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:79908
OP (RC) NO. 148 OF 2024
3
JUDGMENT
Amit Rawal, J.
After arguing for some time, learned counsel for the
petitioner - tenant seek permission to withdraw the petition with
liberty to file the amended written statement and take up all the
pleas much less cross examine the witness and may be permitted
to lead any other evidence in rebuttal to the additional evidence
permitted to the respondent - tenant on the basis of order dated
02.07.2024 leading to allowing of three(3) applications bearing
Nos.13/2024, 14/2024 and 15/2024 Exts.P7, P7(a) and P7(b) filed
by the landlord for examination of one Hameed, for amendment of
the claim and for receiving documents. We are of the view that the
stand of the counsel is genuine. Accordingly, OP(RC) is permitted
to be withdrawn with liberty as aforementioned.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
nak
2024:KER:79908
OP (RC) NO. 148 OF 2024
APPENDIX OF OP (RC) 148/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE MEMORANDUM IN RCP NO.
27/2022 ON THE FILE OF MUNSIFF OF
NADAPURAM DATED 29.08.2022
Exhibit-P2 TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE PETITIONER DATED
16.12.2022
Exhibit-P2(a) TRUE ENGLISH TRANSLATION OF EXT P2
Exhibit-P3 TRUE COPY OF THE RELEVANT PAGE OF THE
REPORT SUBMITTED BY THE ADVOCATE
COMMISSIONER DATED 12.09.2023
Exhibit-P3(a) TRUE ENGLISH TRANSLATION OF EXT P3
Exhibit-P4 CERTIFIED COPY OF THE AFFIDAVIT IN LIEU
OF EXAMINATION IN CHIEF AND CROSS
EXAMINATION OF PW1 IN RCP NO. 27/2022
ON THE FILE OF MUNSIFF COURT, NADAPURAM
Exhibit-P4(a) TRUE ENGLISH TRANSLATION OF EXT P4
Exhibit-P5 TRUE COPY OF RELEVANT PAGE OF EXT B3
MARKED IN RCP NO. 27/2022 ON THE FILE
OF MUNSIFF COURT, NADAPURAM
Exhibit-P5(a) TRUE ENGLISH TRANSLATION OF EXT P5
Exhibit-P6 TRUE COPY OF THE AFFIDAVIT IN IA NO.
11/2024 IN RCP NO. 27/2022 ON THE FILE
OF MUNSIFF COURT, NADAPURAM DATED
29.06.2024
Exhibit-P6(a) TRUE COPY OF THE IA NO. 12/2024 IN RCP
NO. 27/2022 ON THE FILE OF MUNSIFF
COURT, NADAPURAM DATED 29.06.2024
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OP (RC) NO. 148 OF 2024
Exhibit-P7 TRUE COPY OF THE IA NO. 13/2024 FILED
BY THE RESPONDENTS IN RCP NO. 27/2022
ON THE FILE OF MUNSIFF COURT, NADAPURAM
DATED 06.07.2024
Exhibit-P7(a) TRUE COPY OF THE IA NO. 14/2024 FILED
BY THE RESPONDENTS IN RCP NO. 27/2022
ON THE FILE OF MUNSIFF COURT, NADAPURAM
DATED 06.07.2024
Exhibit-P7(b) TRUE COPY OF THE IA NO. 15/2024 FILED
BY THE RESPONDENTS IN RCP NO. 27/2022
ON THE FILE OF MUNSIFF COURT, NADAPURAM
DATED 06.07.2024
Exhibit-P8 TRUE COPY OF THE COUNTER FILED BY THE
PETITIONER IN IA NO. 13/2024 DATED
05.08.2024
Exhibit-P8(a) TRUE ENGLISH TRANSLATION OF EXT P8
Exhibit-P9 TRUE COPY OF THE COUNTER FILED BY THE
PETITIONER IN IA NO. 14/2024 DATED
05.08.2024
Exhibit-P9(a) TRUE ENGLISH TRANSLATION OF EXT P9
Exhibit-P10 TRUE COPY OF THE COUNTER FILED BY THE
PETITIONER IN IA NO. 15/2024 DATED
31.07.2024
Exhibit-P10(a) TRUE ENGLISH TRANSLATION OF EXT P10
Exhibit-P11 TRUE COPY OF THE COMMON ORDER IN IA
NOS. 13/2024, 14 /2024 AND 15/2024 IN
RCP NO. 27/2022 ON THE FILE OF MUNSIFF
COURT, NADAPURAM DATED 05.09.2024
