Kunjahammed vs P.K.Shabeer
2024 Latest Caselaw 26919 Ker

Kerala High Court

Kunjahammed vs P.K.Shabeer on 6 September, 2024

Author: Amit Rawal

Bench: Amit Rawal

OP (RC) NO. 107 OF 2024                        1

                                                   2024:KER:68951
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                      &

              THE HONOURABLE MR. JUSTICE EASWARAN S.

   FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                          OP (RC) NO. 107 OF 2024

     AGAINST THE ORDER/JUDGMENT DATED IN RCP NO.39 OF 2023 OF

DISTRICT COURT & SESSIONS COURT,THRISSUR

PETITIONER(S)/PETITIONER/PETITIONER:

            KUNJAHAMMED
            AGED 84 YEARS
            S/O HANEEFA, AMBHALATHU VEETIL, EDAKAZHIYOOR VILLAGE,
            DESOM, CHAVAKKAD TALUK, PIN - 680515


            BY ADVS.
            RAJIT
            V.V.JOY




RESPONDENT(S)/RESPONDENT/RESPONDENT:

            P.K.SHABEER
            AGED 40 YEARS
            S/O KALLINGAL KUNJUMON, EDAKAZHIYOOR VILLAGE, DESOM,
            EDAKAZHIYOOR P.O, CHAVAKKAD TALUK, THRISSUR, PIN -
            680515



     THIS   OP    (RENT    CONTROL)   HAVING   BEEN   FINALLY   HEARD   ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (RC) NO. 107 OF 2024                       2

                                                            2024:KER:68951
                               JUDGMENT

The petitioner has approached this Court seeking the following

reliefs:

1. Direct the Rent Control Court, Chavakkad to consider and pass final orders on Ext.P3 application filed under Section 12 of the Act, on the next posting date itself.

2. Direct the Rent Control Court, Chavakkad to refuse any further adjournment sought for by the respondent in respect of the application filed under Section 12 of the Act.

2. It is submitted that the application is pending since 2023.

The matter is being adjourned at the behest of the respondents, nor

they have filed any objections.

3. Noticing the aforementioned fact, there will be a directions

to the Rent Controller seized of IA No.2 of 2023 in RCP No.39 of

2023 to decide the application submitted under Section 12(1) of the

Kerala Building Lease and Rent Control Act either by the next date

fixed for 11.9.2024 or within a period of one month thereafter, in

accordance with law. Petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE

Sd/-

sab                                            EASWARAN S.
                                                    JUDGE


                                                   2024:KER:68951
                 APPENDIX OF OP (RC) 107/2024

PETITIONER EXHIBITS

Exhibit P1            A TRUE COPY OF THE PETITION IN RCP

NO.39/2023 BEFORE THE RENT CONTROL COURT, CHAVAKKAD DATED 06.06.2023 FILED BY THE PETITIONER ALONG WITH THE ENGLISH TRANSLATION

Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN RCP 39/2023 BEFORE THE RENT CONTROL COURT, CHAVAKKAD DATED 21.03.2024 ALONG WITH THE ENGLISH TRANSLATION

Exhibit P3 A TRUE COPY OF THE ABOVE APPLICATION IN IA NO.2/2023 IN RCP NO.39/2023 BEFORE THE RENT CONTROL COURT, CHAVAKKAD DATED 14.08.2023 ALONG WITH THE ENGLISH TRANSLATION

Exhibit P4 A TRUE COPY OF THE COURT PROCEEDINGS IN RCP