Cheriyakommath Rajeevan v. K.a.Chandran
Case brief
What is this about?
The High Court of Kerala, in a writ petition under Article 227 seeking to set aside an order dismissing interlocutory applications, closed the matter as the underlying Rent Control Petition was dismissed for default before the stay could be exhausted.
What did the court decide?
The petition was closed in view of the dismissal of the underlying R.C.P. for default, without prejudice to the right to file for reopening.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP (RC) NO. 62 OF 2023
AGAINST THE ORDER DATED 06.02.2023 IN I.A.NOS.1 & 2 OF 2023
R.C.P.NO.2/2005 OF THE RENT CONTROL COURT (MUNSIFF),
THALIPARAMBA
PETITIONER/PETITIONER/PETITIONER:
CHERIYAKOMMATH RAJEEVAN, AGED 56 YEARS
Issues for consideration
2 issues framed by the court
Whether an original petition under Article 226 must be closed when the underlying rent control petition is dismissed for default.
Whether a writ petition seeking to set aside an order dismissing interlocutory applications becomes superfluous if the main proceeding is terminated for default.
Parties & counsel
- petitioner
CHERIYAKOMMATH RAJEEVAN
- respondent
K.A.CHANDRAN
- respondent
K.A.HEMA
- respondent
K.A.SANTHA
Coram
Case details
As recorded by the court registry
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