This Order in Performance (Rent Control) No. 3397/2013 grants the petitioner, an evicted tenant, a final two-week extension to remove articles and machinery from the premises. The execution petition was adjourned accordingly.
Petitioner granted a minimum of two weeks to remove articles; execution petition adjourned for two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 9TH DAY OF OCTOBER 2013/17TH ASWINA, 1935
OP (RC).No. 3397 of 2013 (O)
E.P.No.108/2013 in RCP 132/2011 of PRL.M.C.,ERNAKULAM DATED
PETITIONER(S)/PETITIONER :
M/S.VARKEY'S RETAIL VENTURES (P) LTD.
REPRESENTED BY ITS DIRECTOR MR. TOBY ALAPAT AGED 48 YEARS S/O. LATE P.V.ITTIACHAN, VARKEY BHAVAN, LOURDPURAM THRISSUR-685 005.
BY ADVS.SRI.P.V.LONACHAN SRI.M.C.MONY
RESPONDENT(S)/RESPONDENTS :
D/O. LATE K.K.THOMAS, RESIDING AT KUNNEL HOUSE THAMMANAM ROAD, PALARIVATTOM, KOCHI-682 025.
R1 BY ADV. SRI.TOM K.THOMAS
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No. 3397 of 2013 (O) -----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
P1 : COPY OF THE ORDER DTD.22.9.2012 IN RCP NO.132/2011 ON THE FILE OF 3RD ADDL.MUNSIFF & RENT CONTROL COURT, ERNAKULAM. P2 : COPY OF THE MEMO DTD.22.8.2012, FILED BY THE COUNSEL FOR THE RESPONDENTS IN RECEIPT OF THE SAID SUM OF RS.5,02,759/-. P3 : COPY OF THE MEMO FILED BY THE COUNSEL FOR THE RESPONDENTS, DTD.22.10.2012. P4 : COPY OF THE MEMO FILED BY THE COUNSEL FOR THE RESPONDENTS, DTD.31.12.2012. P5 : COPY OF THE EP NO.108/2013 IN RCP NO.132/2011, DTD.10.4.2013 BEFORE THE MUNSIFF'S COURT, ERNAKULAM. P6 : COPY OF THE DELIVERY WARRANT DTD.27.8.2013.
RESPONDENT(S)' EXHIBITS: NIL
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\True copy//
P.A to Judge
T.R. RAMACHANDRAN NAIR & B.KEMAL PASHA, JJ.
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O.P.(RC).No.3397/2013
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Dated this the 9th day of October, 2013
J U D G M E N T
Ramachandran Nair, J.
The petitioner, a tenant of a building from which it has been ordered
to be evicted is seeking to quash Ext.P6 Delivery Warrant issued by the
Principal Munsiff Court, Ernakulam in E.P.No.108/2013 in R.C.P.No.132/2011.
learned counsel for the respondents.
3. The ultimate prayer of the petitioner is to grant some more
time for removing the articles from the building. It is submitted that it
includes certain machineries also.
even though more than four months' time was there, no action was taken
by the petitioner to remove the articles so far. The learned counsel also
O.P.(RC).No.3397/2013
-:2:-
submitted that the respondents are prepared to remove it within a period of
one week from today.
of the articles, the petitioner is searching for buyers.
the petitioner to remove the articles from the building. If the petitioner is unsuccessful in removing it within the above period, the respondents will
take appropriate action as enjoined by law. The execution petition will be
adjourned by two weeks from today.
The O.P.(RC) is accordingly disposed of.
(T.R. Ramachandran Nair, Judge)
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1 issue framed by the court
Whether the petitioner should be granted an extension of time to remove articles and machinery from an evicted building.
M/S. Varkey's Retail Ventures (P) Ltd.
Lissy Thomas
Mrs. Ninu Kosh y
Mr. Nibhu Koshi
T.R. Ramachandran Nair
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court