Dismissed

V.R. Jyothish v. Hussain

Kerala HC14 Aug 2023OP (RC)/127/2023

Case brief

AI extract

What is this about?

Tenant filed original petition under Article 222(7) directing Rent Control Appellate Authority to dispose of pending IA within fixed time. After hearing, court accepted submission that matter was reserved for judgment. Petition dismissed as infructuous. This court also recorded stay on execution proceedings granted earlier via interim order.

What did the court decide?

Infructuous admission of original petition directing disposal of pending IA within time frame.

V.R. Jyothish Vs Hussain — Landlord and Tenant | Kerala HC (2023)

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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

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MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
OP (RC) NO. 127OF 2023

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I.A.NO.1 OF 2020 IN R.C.A.NO.36 OF 2020 OF THE RENT CONTROL

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APPELLATE AUTHORITY, THRISSUR

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PETITIONER/PETITIONER/APPELLANT/RESPONDENT:

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V.R. JYOTHISH, AGED 53 YEARS, S/O. VAKKATH
RAMAKRISHNAN, ADVOCATE, AYYANTHOLE DESOM &
VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN
- 680002

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BY ADVS.E.VIJIN KARTHIK
R.ROHITH
JITHIN VARGHESE

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RESPONDENT/RESPONDENT/RESPONDENT/PETITIONER:

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HUSSAIN, AGED 63 YEARS, S/O. PILATHOTTATHIL
KOYAMU, ADAVANADU DESOM & VILLAGE, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676101

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BY ADV PRIYA P. K

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

OP(RC)No.127 of 2023

JUDGMENT

Anil K. Narendran, J.

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The petitioner-tenant, who is the respondent in R.C.P.No.5 of 2016 on the file of the Rent Control Court, Thrissur, filed by the respondent herein-landlord, and the appellant in R.C.A.No.36 of 2020 on the file of the Rent Control Appellate Authority, Thrissur, has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Rent Control Appellate Authority, Thrissur to dispose of I.A.No.1 of 2020 in R.C.A.No.36 of 2020 within a time frame to be fixed by this Court. The petitioner has also sought for an order directing the Principal Munsiff Court, Thrissur to keep in abeyance the execution in E.P.No.351 of 2020 in R.C.P.No.5 of 2016, till the disposal of I.A.No.1 of 2023 in R.C.A.No.36 of 2020.

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On 14.07.2023, when this original petition came up for admission, this Court admitted the matter on file. The learned counsel took notice for the respondent. In view of the fact that payment of an amount of Rs.5,00,000/- has been made towards arrears of rent, this Court granted an interim stay of all further proceedings in E.P.No.351 of 2020 in R.C.P.No.5 of 2016 on the file of the Principal Munsiff Court, Thrissur, for a period of one month.

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OP(RC)No.127 of 2023

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Today, when this matter is taken up for consideration,

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the learned counsel for the petitioner-tenant would submit that the Rent Control Appellate Authority has finally heard R.C.A.No.36 of 2020 and reserved the matter for judgment and therefore, this original petition may be dismissed as infructuous.

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In such circumstances, recording the aforesaid submission made by the learned counsel for the petitioner, this original petition is dismissed as infructuous.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

AV/16/8

OP(RC)No.127 of 2023

APPENDIX OF OP (RC) 127/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE OF THE RENT CONTROL`
	`PETITION FILED BY THE RESPONDENT DATED` `18/1/2016 BEFORE THE RENT CONTROL COURT,` `THRISSUR IN RCP NO 5/2016`
`Exhibit P2`	`A TRUE COPY OF THE COUNTER FILED BY THE` `PETITIONER IN RCP NO. 5/2016 DATED 23/1/2017`
`Exhibit P3`	`A TRUE COPY OF THE COMMON ORDER DATED` `31/10/2019 IN RCP NO. 5/2016 PASSED BY THE` `RENT CONTROL COURT, THRISSUR`
`Exhibit P4`	`A TRUE COPY OF THE APPEAL MEMORANDUM DATED` `13/1/2020 IN RCA NO. 36/2020 ON THE FILES OF` `THE RENT CONTROL APPELLATE AUTHORITY,` `THRISSUR`
`Exhibit P5`	`A TRUE COPY OF THE PETITION FOR STAY DATED` `13/1/2020 IN I.A. NO. 1/2020 IN RCA NO.` `36/2020 ON THE FILES OF THE RENT CONTROL` `APPELLATE AUTHORITY, THRISSUR`
`Exhibit P6`	`A TRUE COPY OF THE DELAY PETITION IN I.A. NO.` `3/2020 IN RCA NO. 36/2020 ON THE FILES OF THE` `RENT CONTROL APPELLATE AUTHORITY, THRISSUR`
`Exhibit P7`	`A TRUE COPY OF THE EXECUTION PETITION BEARING` `E.P. NO. 351/2020 IN RCP NO. 5/2016 DATED` `22/2/2020 THUS FILED BY THE RESPONDENT ON THE` `FILES OF THE PRINCIPAL MUNSIFF COURT,` `THRISSUR`
`Exhibit P8`	`A TRUE COPY OF THE OBJECTION DATED 23/5/2022` `IN E.P. NO. 351/2020 IN RCP NO. 5/2016 ON THE` `FILES OF THE PRINCIPLE MUNSIFF COURT,` `THRISSUR`
`Exhibit P9`	`A TRUE COPY OF THE STAY PETITION BEARING E.A.` `NO. 2122/2023 IN E.P. NO. 351/2020 IN R.C.P.` `NO. 5/2016 DATED 7/7/2023 ON THE FILES OF THE` `PRINCIPAL MUNSIFF COURT, THRISSUR`

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OP(RC)No.127 of 2023

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Exhibit P10 A TRUE COPY OF THE PROCEEDINGS IN E.P.
DOWNLOADED FROM THE E-COURT SERVICE DATED
11/7/2023
Exhibit P11 A TRUE COPY OF THE DEMAND DRAFT DATED 13-07-
2023 BEARING NO. 007634 ISSUED BY THE HDFC
BANK, TRICHUR BRANCH IN FAVOUR OF THE
RESPONDENT FOR AN AMOUNT OF RS. 5,00,000/-
Exhibit P12 A TRUE COPY OF THE AFFIDAVIT DATED 13/7/2023

V.R. Jyothish v. Hussain

Case brief

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What did the court decide?

V.R. Jyothish v. Hussain

Case brief

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