Kerala High Court
Mehaboob Narangoli vs Nherakandy Hareesh on 12 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RCREV.NOS.5 OF 2020 &
387 OF 2019 1
2025:KER:11850
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 5 OF 2020
AGAINST THE JUDGMENT DATED 04.10.2019 IN RCA NO.136 OF
2018 OF II ADDITIONAL RENT CONTROL APPELLATE AUTHORITY/II
ADDITIONAL DISTRICT COURT, KOZHIKODE - RCP NO.1 OF 2017 OF RENT
CONTROLLER COURT/MUNSIFF COURT, QUILANDY
REVISION PETITIONER/APPELLANT/RESPONDENT :
NJEREKANDY HARISH
AGED 39 YEARS
S/O.NARAYANAN,
EDAKKULAM AMSOM AND DESOM,
EDAKKULAM(P.O), KOYILANDY TALUK,
KOZHIKODE DISTRICT.
BY ADV K.DEEPA (PAYYANUR)
RESPONDENTS/RESPONDENT/PETITIONER :
1 MAHABOOB NARANGOLI
51 YEARS
S/O.USMAN HAJI, RESIDING AT AYSHA HOUSE,
PANTHALAYANI VILLAGE, PERUVATTOOR DESOM,
(P.O)PERUVATTOOR, KOYILANDY TALUK-673305
NOW AT LONDON,
REPRESENTED BY BROTHER & POWER OF ATTORNEY HOLDER,
MUSTHAFA USMAN, 45 YEARS, S/O.USMAN HAJI,
RCREV.NOS.5 OF 2020 &
387 OF 2019 2
2025:KER:11850
RESIDING AT AYSHA HOUSE, PANTHALAYANI VILLAGE,
PERUVATTOOR DESOM,(P.O)PERUVATTOOR,
KOYILANDY TALUK,
KOZHIKODE(DIST)-673305.
2 USMAN HAJI,
AGED 83 YEARS
S/O.ABOOBACKER, RESIDING AT AYSHA HOUSE,
PANTHALAYANI VILLAGE, PERUVATTOOR DESOM,
(P.O)PERUVATTOOR, KOYILANDY TALUK,
KOZHIKODE(DIST)-673305.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
SHRI.FARHAN M.M.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.02.2025, ALONG WITH RCRev..387/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
RCREV.NOS.5 OF 2020 &
387 OF 2019 3
2025:KER:11850
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 387 OF 2019
AGAINST THE JUDGMENT DATED 07.06.2019 IN RCA NO.71 OF
2017 OF RENT CONTROL APPELLATE AUTHORITY/ADDITIONAL DISTRICT
COURT, VATAKARA ARISING OUT OF THE ORDER DATED 17.03.2017 IN
RCP NO.32 OF 2015 OF RENT CONTROLLER/MUNSIFF COURT, QUILANDY
REV. PETITIONERS/APPELLANTS/SUPPL.PETITIONERS :
1 MEHABOOB NARANGOLI
AGED 49 YEARS
S/O USMAN HAJI, RESIDING AT AYISHA HOUSE,
PANTHALAYANI VILLAGE, PERUVATTUR DESOM, KOYILANDI,
KOZHIKODE, REP. BY POA HOLDER, MUSTHAFA USMAN,
S/O USMAN HAJI, AGED 43 YEARS,
RESIDING AT AYISHA HOUSE, PANTHALAYANI VILLAGE,
PERUVATTUR DESOM, KOYILANDI, KOZHIKODE
2 USMAN HAJI
AGED 31 YEARS
S/O ABOOBACKER, RESIDING AT AYISHA HOUSE,
PANTHALAYANI VILLAGE, PERUVATTUR DESOM,
KOYILANDI, KOZHIKODE
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
RCREV.NOS.5 OF 2020 &
387 OF 2019 4
2025:KER:11850
RESPONDENT/RESPONDENT/RESPONDENT :
NHERAKANDY HAREESH
AGED 35 YEARS
S/O NARAYANAN, EDAKKULAM ASOM DESOM,
KOYILANDY TALUK, KOZHIKODE DISTRICT - 673305.
BY ADV K.DEEPA (PAYYANUR)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.02.2025, ALONG WITH RCRev..5/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCREV.NOS.5 OF 2020 &
387 OF 2019 5
2025:KER:11850
ORDER
A.Muhamed Mustaque, J.
In these revision petitions, we referred the parties for
mediation. In mediation, parties arrived at settlement. Accordingly, the
tenant agreed to vacate the building on 25.02.2025.
2. The tenants in this matter fairly admitted the landlord's
claim for eviction under the grounds urged before the rent control court
and they agreed to surrender the building in mediation. In such
circumstances, we are satisfied with the grounds urged by the landlord
for eviction based on the pleadings, evidence and admission made by
the tenants.
Accordingly, we allow the rent control revision filed by the
landlord as R.C.Rev.No.387 of 2019 and dismiss the rent control
revision filed by the tenants as R.C.Rev.No.5 of 2020. The settlement
agreement will form part of this order.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
rkj JUDGE
KOZAIKODEY MEDIATION CENTRE
MEMORANDUM OFAGRIREADMENT
CEDURE CODE
UNDERSECTION 89 OF CIVIL
CIVIL
RULE 24 OFTHE
PRO-
WITHDISPUTE RESOLUTION) RULES
PROCEDURE(ALTERNATIHON'BVLEE
BEFORE THE
HIGH COURT OF
KERALA
ERNAKULAM
(RCA No. 136/20018 Of the of lAddl.Rent Control Appellate Au
thority/1 i Addl. District Judge,ourtIKozhikode-Rcp No.01/2017 of the court of
Rent controtteriMunsif, Koyilandy)
Between
Njerekandy Harish, 39 years
slo Narayanan,
Edakkulam amsom and desom, Revision Petitioner/
Edakkulam P.O, Koyilandy Taiuk Appellant/Respondent
And
Mahaboob Nzrangolisl years, slo
Usman Haji, Residing at Aysha House,
Panthalayani Village,
Peruvattur Peruvattur (P.O)
Respondents/ Repondent
Koyilandy Taluk, Represented by Petitioner
brother and Power of Attorney Holder
Mustafa Usman45 years s/o Usman Haji
Aysha House,Panthalayani Village,
Peruvattur (PO)Koyilandy Taluk,
Revision Petitioner/
AppellantRespondent
Respondents/ Repondent
Hareeshno. Petitioner
Usman
MEDIATION AGREEMENT
The above said case dispute
mediation forresolvingthe
was referred to
between Revision petition/andthe spondentinthe course of mediationn,they
have solvedtheir dispute and agreedtothefollowingterms andcondi-
tions. have
aslanal 2025 Q(6DONl 25-0o olpal oosASOT0
Revision Petitioner/ Respondents/ Repondent
AppellantRespondent Petitioner
areesh.Ne
WE, the parties VERIFICATION
named,saiddo agreement
contained in the above hercby solemnty
are true state
that what is
to theandbestdeclare
ofour knowledge,
information and belief
Dated thisthe 12th day of December 2024
Revision Petitioner/ Respondents/ Repondent/
Appellant/Respondent Petitione.
No Avecate
Advocate for Revision Petitioner / Advocate for Respondents/
AppellantRespondent RepondentPetitioner
KOZHIKODE MIDIATION CENTRH
MEMORANDUM OFAGRIMEINT UNDER SICTION 89 OF CIVIL PRO
CEDURE CODE READ WITH RULE 24 OF THE CVIL
PROCEDURE(ALIERNATIVE DISPUTE RI:SOLUTION) RULES
BEFORETHE HON'BLE HIGH COURT OF KERALA
ERNAKULAM
RCR NO, 387/2019
(RCA No, 71/2017 Of thecourt of ||Addl.Rent Control Appellate Author
ity/Addi. District Judgo, Vadakara-Rep No.32/201 5of the court of Rent
controller/Munsif, Koyilandy)
Between
Mahaboob NzrangoliSl years, s/o
Usman Haji, Residing at Aysha House,
Panthalayani Village,
Peruvattur (P.O) Koyilandy 'Taluk, Revision Petitioner/
Represented by brother Appellant/Respondent
and Power of Attorney Holder
Mustafa Usman45 years s/o Usman Haji
Aysha House, Panthalayani Village,
Peruvattur (PO)Koyilandy Taluk,
And
Njerekandy Harish, 39 years
slo Narayanan,
Edakkulam amsom and desom, Respondents/ Repondent
Edakkulam P.O, Koyilandy Taluk Petitioner
Revision Petitioner /
Respondents/ Repondent
Appellant/Respondent Petitioner
Mutf Urn
MEDIATION AGREEMENT
The above said case was referred to mediation for resolving the dispute
between Revision petition/and the rspondent in the course of mediation,they
have solved their dispute and have agreed to the following terms and condi
tions.
DGD olpol dnwI9g NDSA 6IDEllcels 6D NDESl 2 GalO}o )oG6D
Revision Petitioner / Respondents/ Repondent
Appellant/Respondent /Petitioner
Hanershn
VERIFICATION
WE, the parties named, do hereby solemnly state and declare that what is
contained in the above said agreement are true to the best of our knowledge,
information and belief
Dated this the 12th day of December 2024
Revision Petitioner/
Honeashik
Respondents/ Repondent/
Appellant/Respondent NoAdvocote Aibbk
Petitioner
Advocate for Revision Petitioner / Advocate for Respondents/
Appellant/Respondent RepondentPetitioner
