This review petition, filed against the dismissal of a revision seeking to set aside Rent Control Court orders under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, was dismissed on the ground that the dispute between the parties had been amicably settled during the pendency.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944
REVIEW PETITION NO. 573 OF 2021
AGAINST THE ORDER DATED 23.09.2019 IN R.C.REV.NO.78 OF 2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS:
ADDITIONAL PETITIONERS 2 TO 5 BEING THE LEGAL HEIRS OF THE DECEASED 1ST PETITIONER ARE IMPLEADED AS PER ORDER DATED 03.06.2022 IN I.A.NO.2 OF 2022 IN R.P.NO.573 OF 2021 IN R.C.REV.NO.78 OF 2019.
BY ADVS. K.P.UNNI T.G.RAJAN
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Review Petition No.573 of 2021 in R.C.Rev.No.78 of 2019
RESPONDENT:
1 KANAKAM THAMBI
AGED 64 YEARS, W/O. LATE K.P.THAMBI, ANCHUPARA NIKARTHIL HOUSE, PALLICHAL ROAD, KOCHI-682 005, NOW RESIDING AT 128 MILLEARA ROAD, EAST KEILOR 3033, MELBOURNE, VICTORIA, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI. K.MADHU, AGED ABOUT 42 YEARS, S/O. KARUNAKARAN, RESIDING AT PONNIYATHU HOUSE, PUTHUNAGARAM STREET, FORT KOCHI, KOCHI-682 001.
2 DR.ANTONY MOSSES GEORGE AGED 40 YEARS, S/O LATE DR. LOUIS GEORGE, RESIDING AT VILLUKEERI VALIYAVEETTIL HOUSE, OUR LADYS HOSPITAL COMPOUND, KACHERIPADY, EDAKOCHI VILLAGE, PALLURUTHY, KOCHI-682006, NOW RESIDING AT 24, WILLOW FIELD DRIVE, STOCK ON TRENT, UK ST 48 FR.*
*THE ADDL PETITIONERS P2 TO P5 BEING THE LEGAL HEIRS OF THE DECEASED 1ST PETITIONER ARE IMPLEADED AS PER ORDER DATED 3/06/2022 IN IA.NO.2/2022 IN R.P.NO.573/2021 IN RCR.78/2019. 2ND RESPONDENT IN THE PETITION IS TRANSPOSED AND SUBSTITUTED AS 5TH PETITIONER VIDE ORDER DATED 3/06/2022 IN IA.NO.2/2022 IN R.P.NO.573/2021 IN RCR.78/2019.
THIS REVIEW PETITION HAVING COME UP FOR FINAL HEARING ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Review Petition No.573 of 2021 in R.C.Rev.No.78 of 2019
O R D E R
Ajithkumar, J.
This petition is filed seeking review of order dated 23.09.2019, whereby R.C.Rev.No.78 of 2019 was dismissed.
aside the order of the Rent Control Court (Munsiff), Kochi, under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 in R.C.P.No.31 of 2012 and also the judgment dated 02.06.2015 in R.C.A.No.51 of 2014 of the Rent Control Appellate Authority (District Judge), Ernakulam. After hearing both sides, the Revision was dismissed. The petitioner has filed the present petition to review that order. Since the petitioner died during the pendency of the revision, his legal representatives were impleaded as additional petitioners 2 to 5.
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Review Petition No.573 of 2021 in R.C.Rev.No.78 of 2019
further. Hence, the Review Petition is dismissed recording that submission.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
2 issues framed by the court
Whether the review petition should be proceeded with in view of the settlement between the parties?
Whether the order of dismissal of the review petition stands rightly passed?
1 provisions across 1 enactments
Dr. Louis George (Deceased) and Lrs.
Kanakam Thambi
Dr. Antony Moses George
Anil K.Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
