Allowed

M.R. Govindankutty v. Dr. Philip Cherry

Kerala HC1 Aug 2018OP (RC)/90/2018

Case brief

AI extract

What is this about?

The High Court allowed the petitioner three months to vacate the tenanted premises subject to conditions including filing an affidavit with an unconditional undertaking, depositing rent arrears, and keeping the execution petition in abeyance. The eviction order had already attained finality in appeal.

What did the court decide?

Petitioner granted three months to vacate premises conditional on filing affidavit, depositing rent arrears, and keeping execution petition in abeyance.

M.R. Govindankutty Vs Dr. Philip Cherry — Landlord and Tenant | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.HARILAL

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940

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OP (RC).No. 90 of 2018

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(AGAINST ORDER DATED 09.07.2018 IN E.P. NO.432/2017 IN R.C.P. NO.55/2013 OF THE PRINCIPAL MUNSIFF'S COURT, ERNAKULAM)

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PETITIONER:-

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M.R. GOVINDANKUTTY, DIRECTOR, KALADY G. ENTERPRISES PVT LTD, MEKKARA HOUSE, KUTHIYATHODE P.O, KODAMTHURUTHU, CHERTHALA, ALAPPUZHA, PIN 683579

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BY ADV.SRI.P.P.JACOB

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RESPONDENT:-

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DR. PHILIP CHERRY, HOUSE NO. XXX1/29 H, PANCHAVATI, AMBELPPADAM ROAD, VYTTILA P.O, ERNAKULAM, PIN 682 019.

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R1 BY ADVS. SRI.K.S.FRIJO

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SRI.S.HIRUSHEEKESAN

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THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 01-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC).No. 90 of 2018 (O)

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APPENDIX

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=========

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE PHOTOCOPY OF THE E.P 432/2017 IN R.C.P 55/2013 OF THE PRINCIPAL MUNSIFF'S COURT, ERANKULAM DATED 30-11-2017
EXHIBIT P2	TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT FILED
	BY THE PETITIONER IN E.P 432/2017 IN R.C.P 55/2013
EXHIBIT P3	CERTIFIED COPY OF THE ORDER IN E.P 432/2017 IN R.C.P 55/2013
	OF THE PRINCIPAL MUNSIFF'S COURT,ERNAKULAM DATED 9-7-2018

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

DST

K. HARILAL & ANNIE JOHN,JJ. = = = = = = = = = = = = = = = = = O.P.(RC) No.90 of 2018

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- - - - - - -- - - - - - - - - - - - - - Dated this the 1^st day of August, 2018

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J U D G M E N T

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K. Harilal, J.

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The petitioner is the judgment debtor, who is confronting with the delivery order passed in Execution Petition No.432 of 2017 in R.C.P. No.55 of 2013 of the Principal Muniff's Court, Ernakulam. This O.P.(RC) is filed, challenging the order rejecting the application seeking time to vacate the tenanted premises.

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Heard the learned counsel for the

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petitioner and the learned counsel for the respondent.

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It is not disputed that the order of eviction passed in the Rent Control Petition has

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been confirmed in the appeal and thereby the said

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O.P.(RC) No.90 of 2018

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-: 2 :-

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order has attained a finality. The petitioner has not preferred a revision against the said judgment. In the above context, we do not find fault with the court below in rejecting the application, seeking time to vacate the tenanted premises.

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The learned counsel for the petitioner seeks six months time to vacate the tenanted premises and the learned counsel for the respondent submits that a reasonable time can be granted to vacate the premises.

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Having regard to the submissions at the

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Bar, the petitioner is given three months time to

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vacate the tenanted premises on the following conditions:

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(i) The petitioner/tenant in the Rent Control Petition shall file an affidavit within a period of two weeks

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O.P.(RC) No.90 of 2018

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-: 3 :-

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from today, expressing an unconditional undertaking that the petition schedule building will be vacated within three months from the date of receipt of a copy of this judgment.

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(ii)The petitioner/tenant shall deposit the entire arrear of rent, if any, in the Rent Control Court or Execution Court, as the case may be, within a period of one month from today and shall continue to pay rent without default.

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(iii) The execution petition shall be kept in abeyance for a period of three months from today.

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(iv) In the event of failure to comply any of the conditions stated above, the time granted to vacate the premises will stand automatically cancelled and the execution court shall proceed with

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O.P.(RC) No.90 of 2018

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-: 4 :-

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the execution of the eviction order.

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This O.P.(RC) is disposed of accordingly.

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Sd/-

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K. HARILAL, JUDGE

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Sd/-

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ANNIE JOHN, JUDGE

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DST

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//True copy//

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P.A. To Judge

M.R. Govindankutty v. Dr. Philip Cherry

Case brief

What is this about?

What did the court decide?

M.R. Govindankutty v. Dr. Philip Cherry

Case brief

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What did the court decide?

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