Disposed

Bono Fernandez @ Mary Bono Fernandez v. Ajin Cheriyan George

Kerala HC5 Nov 2021OP (RC)/54/2021

Case brief

AI extract

What is this about?

Petitioner sought speedy disposal of a pending rent control petition for eviction and related interim application. The court directed the lower court to dispose of the main petition within three months and the interim application within one month.

What did the court decide?

Direction to Rent Control Court to dispose of R.C.P.No.10 of 2020 within three months and I.A.No.2 of 2020 within one month.

Bono Fernandez @ Mary Bono Fernandez Vs Ajin Cheriyan… — Landlord and Tenant | Kerala HC (2021)

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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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 5^TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943

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O.P.(RC)NO.54 OF 2021

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SEEKING SPEEDY DISPOSAL IN R.C.P.NO.10 OF 2020 ON THE FILE OF THE RENT CONTROL COURT (II ADDITIONAL MUNSIFF), KOCHI

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PETITIONER/S:

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BONO FERNANDEZ @ MARY BONO FERNANDEZ, AGED 61 YEARS, W/O. ROBERT FERNANDEZ, HOUSE NO.1/1040 AND 1/1040 A, KUNNAMPURAM, NJALIPARAMBU ROAD, FORT KOCHI, KOCHI-682001, NOW RESIDING AT FLAT NO.1D, EXPRESS ESTATE, KALOOR, KOCHI-682017.

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BY ADVS. BASIL CHANDY VAVACHAN SRI.GEORGIE SIMON SHRI.GOKIL JAGANNIVAS SMT.SURYA SUNDARESAN SMT.CHARUTHA BHAIJU SMT.TRESA AUGUSTINE

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RESPONDENT/S:

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AJIN CHERIYAN GEORGE, AGED 32 YEARS, S/O. GEORGE M. CHERIYAN, PUTHENPURACKAL HOUSE, KURUVATTA P.O., KUMARAPURAM, ALAPPUZHA, NOW RESIDING AT: HOUSE NO.1/1040 AND 1/1040 A, KUNNAMPURAM, NJALIPARAMBU ROAD, FORT KOCHI, KOCHI-682001.

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BY ADVS. K.G.PREETHY M.K.FAISAL

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(RC)NO.54 OF 2021

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner has filed R.C.P. No.10 of 2020 before the Rent Control Court (IInd Additional Munsiff), Kochi under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent herein-tenant from the petition schedule building. The grievance of the petitioner, who is a senior citizen aged 61 years, is the delay in final disposal of the Rent Control Petition and also I.A.No.2 of 2021, which is one filed under Section 12 of the Act. I.A.No.2 of 2021, in which the Rent Control Court has already passed an order under Section 12(1) of the Act, which is one dated 03.08.2021.

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On 07.04.2021, when this original petition came up for admission, this Court called for a report from the Rent Control Court. Pursuant to that order, the report dated 12.04.2021 of that court is placed on record.

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3 . On 28.06.2021, this Court issued urgent notice by

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O.P.(RC)NO.54 OF 2021

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speed post to respondent , returnable within two weeks.

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4 . The only relief sought for in this original petition is

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an early disposal of R.C.P.No.10 of 2020, which is now pending consideration before the Rent Control Court, Fort Kochi, I.A.No.2 of 2020, filed by the landlord, an application under Section 12 of the Act, is also pending consideration before that court, which is now listed to 08.11.2021.

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In such circumstances, this original petition is disposed of by directing the Rent Control Court to finally dispose of R.C.P.No.10 of 2020, as expeditiously as possible, at any rate, within a period of three months from 08.11.2021. The Rent Control Court shall also pass final orders on I.A.No.2 of 2020, within a period of one month.

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Sd/ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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MIN

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O.P.(RC)NO.54 OF 2021

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APPENDIX OF O.P.(RC)NO.54 OF 2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF RENTAL AGREEMENT DATED 15/07/2019 EXECUTED BETWEEN PETITIONER AND RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF LETTER DATED 19/04/2020 SENT BY PETITIONER TO RESPONDENT.

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EXHIBIT P3 THE TRUE COPY OF REPLY NOTICE DATED 11/06/2020 SENT BY THE RESPONDENT'S LAWYER TO THE PETITIONER.

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EXHIBIT P4 THE TRUE COPY OF RCP NO.10/2020 OF HONOURABLE II-ADDITIONAL MUNSIFF COURT, KOCHI DATED 24/07/2020.

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EXHIBIT P5 THE TRUE COPY OF MEDICAL HISTORY DATED 10/06/2017 OF PETITIONER'S HUSBAND.

Bono Fernandez @ Mary Bono Fernandez v. Ajin Cheriyan George

Case brief

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Bono Fernandez @ Mary Bono Fernandez v. Ajin Cheriyan George

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