In an original petition by the landlord challenging the dismissal of a tenant's appeal due to unpaid costs, the High Court dismissed the petition holding the appellate order regular.
The original petition filed by the landlord was dismissed.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
OP (RC) NO.92 OF 2022
AGAINST THE ORDER/JUDGMENT IN R.C.A.NO.16/2016 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR / III ADDITIONAL MACT, THRISSUR
PETITIONER/RESPONDENT IN I.A.& RCA:
POORNIMA TOURIST HOME, GURUVAYOOR AMSOM & DESOM, CHAVAKKAD TALUK, REP.BY MANAGING PARTNER, SOORAJ SOMAN, AGED 48 YEARS, S/O.THAIKKOOTAYIL SOMAN, POURNAMI HOUSE, S.N. PARK, POOTHOLE, THRISSUR DISTRICT
(IN EXHIBIT-P4 APPEAL MEMORANDUM, EXT-P5 PETITION AND EXTS-P7 TO P9, P12 AND P13 ORDERS OF THE COURT BELOW, HOUSE NAME IS WRONGLY SHOWN AS POORNIMA HOUSE INSTEAD OF "POURNAMI HOUSE"), PIN - 680004
BY ADV.P.RAMACHANDRAN
RESPONDENT/PETITIONER IN I.A. & APPELLANT IN RCA:
PRAJITH, AGED 43 YEARS, S/O.THAIVALAPPIL PRAKASAN, GURUVAYOOR AMSOM AND DESOM, GURUVAYOOR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680101.
BY ADV.G.SREEKUMAR (CHELUR)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 3.11.2022, THE COURT ON 14.11.2022 DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
O.P.(RC).No.92/2022
Dated this the 14th day of November, 2022
J U D G M E N T
A.Muhamed Mustaque, J.
In an appeal filed by the tenant challenging an order of fixation of fair rent, the delay was condoned on payment of cost of Rs.1000/-. Since the cost was not paid on the due date 21/6/2017, the delay condonation petition as well as the appeal
was dismissed. The application for extension of time was filed on 22/6/2017. That was allowed by the appellate authority and the cost was immediately paid. Challenging the said order,
the landlord has come up before us with this original petition.
petitioner would submit that after the dismissal of the appeal, the petition for extension is not
maintainable and, therefore, the appellate
O.P.(RC).No.92 of 2022
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authority could not have allowed the said application on payment of costs.
issue, though the approach of the appellate
authority looks irregular, nevertheless, treating the application as a review petition, nothing
prevents the appellate authority from reviewing the earlier order and allowing it on payment of
costs. We find no jurisdictional error warranting interference. The original petition is, therefore,
dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
ms
O.P.(RC).No.92 of 2022
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APPENDIX OF OP (RC) 92/2022
PETITIONER EXHIBITS
EXHIBITP1 TRUE COPY OF THE PETITION R.C.P.NO.39/2012 ON THE FILE OF THE RENT CONTROL COURT, CHAVAKKAD FILED BY THE PETITIONER
EXHIBITP2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT IN R.C.P.NO.39/2012 ON THE FILE OF THE RENT CONTROL COURT, CHAVAKKAD
EXHIBITP3 TRUE COPY OF THE COMMON ORDER DATED 21.03.2015 IN R.C.P.NO.39/2012 ON THE FILE OF THE RENT CONTROL COURT, CHAVAKKAD
EXHIBITP4 TRUE COPY OF THE MEMORANDUM OF APPEAL IN R.C.A.NO.16/2016 ON THE FILE OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR EXHIBITP5 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.753/2016 IN R.C.A.NO.16/2016 ON THE FILE OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR
EXHIBITP6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN I.A. 753/2016 IN R.C.A.NO.16/2016 ON THE FILE OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED 06.06.2017 IN I.A.NO.753/2016 IN R.C.A. NO.16/2016 ON THE FILE OF IVTH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR
EXHIBITP8 TRUE COPY OF THE ORDER DATED 21.06.2017 IN I.A.NO.753/2016 IN R.C.A. NO.16/2016 ON THE FILE OF IVTH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR
O.P.(RC).No.92 of 2022
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EXHIBITP9 TRUE COPY OF THE JUDGMENT DATED 21.06.2017 IN R.C.A. NO.16/2016 ON THE FILE OF IVTH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR
EXHIBIT P10 TRUE COPY OF THEAFFIDAVIT AND PETITION IN I.A.NO. 2471/2017 IN I.A.NO. 753/2016 IN R.C.A.16/2016 ON THE FILE OF IVTH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR EXHIBIT P11 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN I.A.NO. 2471/2017 IN I.A.NO. 753/2016 IN R.C.A.16/2016 ON THE FILE OF IVTH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR EXHIBIT P12 TRUE COPY OF THE ORDER DATED 31.01.2022 IN I.A.2741/2017 IN I.A.753/2016 IN R.C.A.16/2016 ON THE FILE OF THE IV TH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR (IVTH ADDL. DISTRICT JUDGE) EXHIBIT P13 TRUE COPY OF THE ORDER DATED 04.02.2022 IN I.A.2741/2017 IN I.A.753/2016 IN R.C.A.16/2016 ON THE FILE OF THE IV TH ADDL. RENT CONTROL APPELLATE AUTHORITY, THRISSUR (IVTH ADDL. DISTRICT JUDGE)
POORNIMA TOURIST HOME
PRAJITH
A.MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
