Petitioner challenged the dismissal of her impleadment application in a rent control suit via Original Petition under Article 226. Court found the main suit had been disposed of, rendering the present petition infructuous and dismissible without deciding merits.
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 G.GIRISH
FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
OP (RC) NO. 204 OF 2022
AGAINST THE ORDER IN I.A.NO.3 OF 2022 DATED 26.09.2022 IN RCP
NO.90 OF 2020 OF ADDITIONAL MUNSIFF COURT, KANNUR
PETITIONER:
C.K.MALATHI, AGED 80 YEARS
W/O LATE P K HARIDAS HARIDAS HOUSE NEAR CHOVVA SIVA
TEMPLE P.O.CHOVVA KANNUR DISTRICT, PIN - 670006
BY ADVS.
M.SASINDRAN
SATHEESHAN ALAKKADAN
RESPONDENTS:
1DHANRAJ TRUST, P.O.CHOVVA, KANNUR, REPRESENTED BY ITS
MANAGING TRUSTEE, MRS.P.K.MAHIMA, D/O. LATE
P.K.HARIDAS, AGED 53 YEARS, MAHIMA BHAVAN, NEAR POPULAR
VEHICLES AND SERVICES, KAPPAD, KANNUR, PIN - 670018
2JITHESH.M.K. -
C/O. UNITED SOLUTIONS, DHANRAJ COMPLEX, MELE CHOVVA,
P.O.CHOVVA, KANNUR DISTRICT, PIN - 670006
BY ADVS.
ABDUL RAOOF PALLIPATH FOR R1
K.R.AVINASH (KUNNATH)(K/1364/2003)FOR R1
E.MOHAMMED SHAFI(K/1057/1993)FOR R1
SR. GP SMT. RASMI.K.A
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P.(RC) .No 204 of 2022
J U D G M E N T
G. Girish, J.
The petitioner, a third party in R.C.P.No.90 of 2020 of the Rent Control Court, Kannur has filed this Original Petition under Article 227 of the Constitution of India challenging the order passed by the said court in I.A.No.3 of 2022 dismissing the said application for impleadment.
In the light of the above submission of the learned counsel for the petitioner, the Original Petition is disposed of as infructuous
3
O.P.(RC) .No 204 of 2022
leaving open the contentions put forward by the petitioner to be
raised in appropriate forums.
(sd/-)
ANIL K. NARENDRAN, JUDGE
(sd/-)
G. GIRISH, JUDGE
jsr
4
O.P.(RC) .No 204 of 2022
APPENDIX OF OP (RC) 204/2022
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE RCP NO.90/2020 FILED BY THE 1ST
RESPONDENT ON THE FILES OF RENT CONTROL COURT
(ADDITIONAL MUNSIFF) KANNUR
Exhibit P2A TRUE COPY OF THE COUNTER FILED BY THE 2ND
RESPONDENT HEREIN IN RCP.NO.90/2020 ON THE FILES OF
RENT CONTROL COURT (ADDITIONAL MUNSIFF) KANNUR
Exhibit P3 |
A TRUE COPY OF |
THE JUDGMENT DATED 29.03.2019 IN OS |
|---|---|---|
24/2016 ON THE |
FILES OF ADDITIONAL MUNSIFF COURT, |
|
KANNUR |
Exhibit P4 |
A TRUE COPY OF THE JUDGMENT DATED 12.02.2020 IN |
|---|---|
A.S.NO.61/2019 ON THE FILES OF SUB COURT, KANNUR |
Exhibit P5 |
A TRUE COPY OF I.A.N |
O.3/2022 IN RCP.NO.90/2020 FILED |
|---|---|---|
BY THE PETITIONER ON |
THE FILES OF RENT CONTROL COURT |
|
(ADDITIONAL MUNSIFF) |
KANNUR |
Exhibit P6 A TRUE COPY OF THE COUNTER IN I.A.NO.3/2022 IN RCP.NO.90/2020 FILED BY THE 1ST RESPONDENT HEREIN ON THE FILES OF RENT CONTROL COURT (ADDITIONAL MUNSIFF) KANNURExhibit |
P7A TRUE COPY OF THE ORDER DATED 26.09.2022 IN |
|---|---|
I.A.NO.3/2022 IN RCP.NO.90/2020 ON THE FILES OF RENT |
|
CONTROL COURT (ADDITIONAL MUNSIFF) KANNUR |
Exhibit P8A TRUE COPY OF THE TRUST DEED DATED 03.11.2012 OF
THE DHANRAJ TRUST
2 issues framed by the court
Whether the original petition challenging the dismissal of an impleadment application has become infructuous due to the disposal of the main suit.
Whether the impleadment of the petitioner as additional petitioner No.2 in R.C.P.No.90 of 2020 should be permitted.
C.K.Malathi
Dhanraj Trust
Jithesh.M.K.
Anil K.Narendran
G.Girish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court