Disposed¶32

Sinaj v. Parvathi Prabhakaran

Kerala HC7 Apr 2025OP (RC)/85/2025

Case brief

AI extract

What is this about?

Kerala High Court OP (RC) 85/2025, decided 07.04.2025, A. Muhamed Mustaque & P. Krishna Kumar JJ: tenant Sinaj undertakes to vacate Kochi building by 15.07.2025; undertaking recorded; execution proceedings rescheduled to 16.07.2025; Rent Control Appellate Authority directed to dismiss tenant's appeal (RCA 7/2025, from order dated 22.12.2023 in RCP 8/2018, III Additional Munsiff Court, Ernakulam) as not pressed; affidavit ordered; OP disposed.

What did the court decide?

Undertaking of the petitioner/tenant to vacate the building by 15.07.2025 recorded; Execution Court directed to reschedule execution proceedings to 16.07.2025; Rent Control Appellate Authority directed to dismiss the petitioner's Rent Control Appeal as not pressed; petitioner to file an affidavit before the Execution Court and the Rent Control Appellate Authority. ¶32

Sinaj Vs Parvathi Prabhakaran — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the petitioner/tenant's undertaking to vacate the building by 15.07.2025 should be recorded, with consequential directions that the execution proceedings be rescheduled to 16.07.2025, the Rent Control Appeal be dismissed as not pressed, and an affidavit be filed by the petitioner.

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Court's answer

The petitioner/tenant's undertaking to vacate the building by 15.07.2025 is recorded by the Court.

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Ratio / Principle

The Execution Court is directed to reschedule the execution proceedings to 16.07.2025.

¶31

Key takeaways

The Rent Control Appellate Authority is directed to dismiss the Rent Control Appeal filed by the petitioner as not pressed.ratio¶31
The petitioner shall file an affidavit before the Execution Court and the Rent Control Appellate Authority.ratio¶31
The original petition is disposed of on the above terms.ratio

Detailed headnote1 paragraphs

OP (RC) No. 85 of 2025, High Court of Kerala at Ernakulam, decided 07.04.2025 (A. Muhamed Mustaque and P. Krishna Kumar, JJ.). Original petition (rent control) by the tenant Sinaj, arising out of RCA No. 7 of 2025 of the District Court & Sessions Court, Ernakulam, which arises out of the order dated 22.12.2023 in RCP No. 8 of 2018 of the III Additional Munsiff Court, Ernakulam. At admission, the petitioner/tenant undertook to vacate the building by 15.07.2025; the Court recorded the undertaking, directed the Execution Court to reschedule the execution proceedings to 16.07.2025, directed the Rent Control Appellate Authority to dismiss the tenant's Rent Control Appeal as not pressed, and required the petitioner to file an affidavit before the Execution Court and the Appellate Authority. The original petition was disposed of on these terms.

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OP (RC) NO. 85 OF 2025 1 2025:KER:29856 IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

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MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

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OP (RC) NO. 85 OF 2025

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RCA NO.7 OF 2025 OF DISTRICT COURT & SESSIONS COURT,

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ERNAKULAM ARISING OUT OF THE ORDER DATED 22.12.2023 IN RCP NO.8 OF 2018 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT

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CONTROL)

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PETITIONER/APPELLANT/RESPONDENT :

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SINAJ

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AGED 45 YEARS S/O P.M.EASAKHAN, NEW MOBILE WORLD, XL/7751, PADMA JUNCTION, M. G. ROAD, KOCHI, PIN - 682035

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BY ADV PRAVEEN K. JOY

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RESPONDENTS/RESPONDENTS/PETITIONERS :

¶16

1 PARVATHI PRABHAKARAN AGED 86 YEARS W/O PRABHAKARAN, RESIDING AT PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM, REP BY POWER OF ATTORNEY HOLDER MR. SAJITH BABU P, S/O LATE P S BABU, AGED 37, PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM, PIN - 682018

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OP (RC) NO. 85 OF 2025 2 2025:KER:29856

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2 SAILAJA BABU AGED 62 YEARS W/O LATE BABU, RESIDING AT PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM, REP BY POWER OF ATTORNEY HOLDER MR. SAJITH BABU P, S/O LATE P S BABU, AGED 37, PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM, PIN - 682018

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3 MANOJ KUMAR P D S/O DEVADAS, AGED 45, RESIDING AT PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM,

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REP BY POWER OF ATTORNEY HOLDER MR. SAJITH BABU P, S/O LATE P S BABU, AGED 37, PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM, PIN - 682018

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4 K P SWARNALATHA W/O LATE RAJMOHAN, AGED 70, RESIDING AT PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM,

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REP BY POWER OF ATTORNEY HOLDER MR. SAJITH BABU P, S/O LATE P S BABU, AGED 37, PANAKKAL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM, PIN - 682018

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5 A K BALAKRISHNAN AGED 73, KOCHANIMOOTTIL (H), PADAMUGAL, KAKKANAD, PIN - 682021

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6 SUBHA BALAKRISHNAN AGED 66, W/O A K BALAKRISHNAN, KOCHANIMOOTTIL (H), PADAMUGAL, KAKKANAD, PIN - 682021

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

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07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC) NO. 85 OF 2025 3 2025:KER:29856

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J U D G M E N T

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A.Muhamed Mustaque, J.

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The petitioner/tenant undertakes to vacate the building by 15.07.2025. This undertaking is recorded.

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We direct the Execution Court to reschedule the execution proceedings to 16.07.2025. In the light of the above, we direct the Rent Control Appellate Authority to dismiss the Rent Control Appeal filed by the petitioner as not pressed. The petitioner shall file an affidavit before the Execution Court and the Rent Control Appellate Authority.

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The original petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/- P.KRISHNA KUMAR JUDGE

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rkj

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OP (RC) NO. 85 OF 2025 4 2025:KER:29856

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APPENDIX OF OP (RC) 85/2025

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE PETITION NUMBERED AS RCP NO. 8/2018 BEFORE RENT CONTROL COURT, ERNAKULAM DATED 03.01.2018 Exhibit P2 TRUE COPY OF THE OBJECTION IN RCP NO. 8/2018 FILED BY THE PETITIONER DATED 30.11.2019 Exhibit P3 TRUE COPY OF THE ORDER DATED 04.01.2025 IN RP NO. 56/2024 IN RCP 8/2018 Exhibit P4 TRUE COPY OF THE RCA NO.08/2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 22.02.2025 Exhibit P5 TRUE COPY OF THE ORDER DATED 22.12.2023 IN RCP NO.8/2018 Exhibit P6 TRUE COPY OF THE JUDGMENT IN OP (RC) NO.10/2025 DATED 11.02.2025 Exhibit P7 TRUE COPY OF THE RCA NO.07/2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 22.02.2025 Exhibit P8 TRUE COPY OF THE DELAY CONDONATION PETITION NUMBERED AS IA NO.01/2025 IN RCA NO.07/2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 22.02.2025 Exhibit P9 TRUE COPY OF THE STAY PETITION NUMBERED AS IA NO.02/2025 IN RCA NO.07/2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 22.02.2025 Exhibit P10 TRUE COPY OF THE JUDGMENT IN OP (RC) NO.58/2025 DATED 07.03.2025 Exhibit P11 TRUE COPY OF THE COUNTER FILED BY THE RESPONDENTS DATED 27.03.2025 IN RCA NO.08/2025

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OP (RC) NO. 85 OF 2025 5 2025:KER:29856 Exhibit P12 TRUE COPY OF THE E-COURTS PROCEEDINGS DATED 11.03.2025 IN RCA NO.07/2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 11.03.2025

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Exhibit P13 TRUE COPY OF THE PETITION FILED BEFORE THE EXECUTION COURT IN EP 310/2024 DATED 27.02.2025

Sinaj v. Parvathi Prabhakaran

Case brief

What is this about?

What did the court decide?

Sinaj v. Parvathi Prabhakaran

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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