The High Court of Kerala dismissed a Rent Control Revision Petition as infructuous because the court was informed that delivery of possession had been effected in execution, rendering the appeal futile. The judgment was delivered in a one-line order at the admission hearing.
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
FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,
1944
RCREV. NO. 88 OF 2021
AGAINST THE ORDER DATED IN RCP 19/2015 OF PRINCIPAL MUNSIFF COURT, PALAKKAD
RCA 17/2020 DATED 22.3.2021OF III ADDITIONAL DISTRICT
COURT, PALAKKAD / II ADDITIONAL MACT, PALAKKAD
REVISION PETITIONER/APPELLANT:
T.S.SWAMINATHAN, AGED 51 YEARS, S/O. SUBRAMANIAN, RESIDING AT DOOR NO. 24/560(5)(6), M/S. KINGS AUTO FINANCE, NEAR HPCL PETROL PUMP, SHRONUR ROAD, NURANI, PALAKKAD 678 004
BY ADVS. I.DINESH MENON SRI.L.RAJESH NARAYAN
RESPONDENT/RESPONDENT:
S.SURAAJ, AGED 48 YEARS, S/O. C.R.M. SULAIMAN, 27/382, GANDHI NAGAR, CHAKKANTHARA, PALAKKAD 678 001.
BY ADVS. SUNIL NAIR PALAKKAT K.N.ABHILASH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV. NO. 88 OF 2021
..2..
J U D G M E N T
A. Muhamed Mustaque, J
The learned counsel for the respondent - landlord submits that delivery has been effected in execution and the revision petition itself has become infructuous. Recording the said submission, we dismiss the revision petition as infructuous.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
..3..
RCREV. NO. 88 OF 2021
APPENDIX OF RCREV. 88/2021
PETITIONER ANNEXURES
| ANNEXURE | A-1 TRUE COPY 03-2019 |
OF EP NO 40/2019 DATED 20- |
|---|---|---|
| ANNEXURE | A-2 TRUE COPY DATED 25-0 |
OF THE COUNTER STATEMENT 9-2019. |
| ANNEXURE | A-3 TRUE COPY 2720/2019 |
OF THE ORDER IN IA NO. DATED 24-09-2020 |
| ANNEXURE | A-4 TRUE COPY 2787/2019 |
OF THE ORDER IN IA NO. DATED 24-09-2020 |
| ANNEXURE | A-5 TRUE COPY 2020 |
OF IA 1/2020 DATED 24-11- |
| ANNEXURE | A-6 TRUE COPY 2020 |
OFIA NO. 2/2020 DATED 26-11- |
| ANNEXURE | A-7 TRUE COPY 12-2020. |
OF EA NO. 246/2020 DATED 01- |
| ANNEXURE | A-8 TRUE COPY |
OF IA 62/2021 DATED 8-1-2021 |
| ANNEXURE | A-9 TRUE OF TH OP(RC) NO. |
E JUDGMENT DATED 9-4-201 IN 57/2021. |
| ANNEXURE | A-10 TRUE COPY 8.12.2021. |
OF THE DEMAND DRAFT DATED |
| ANNEXURE | A-11 TRUE COPY 13.12.2021 |
OF THE DEMAND DRAFT DATED . |
T.S.SWAMINATHAN
S.SURAAJ
A.MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
