High Court of KeralaRCRev./142/2010dismissed as not pressed

P.V.Vinil Kumar And Another v. Smt.Raziya Iqbal And 6 Others

2015-10-05Honourable Mr. Justice Babu Mathew P.Joseph,Honourable Mr.Justice P.N.Ravindran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 RCRev..No. 142 of 2010 --------------------------- AGAINST THE JUDGMENT IN RCA 89/2008 of VI ADDL.DISTRICT COURT & RENT CONTROL APPELLATE AUTHORITY ERNAKULAM DATED 15-09-2009 AND ORDER IN I.A. NO. 1845 OF 2008 IN R.C.P. NO. 9 OF 2007 OF THE RENT CONTROL COURT, ERNAKULAM.

REVISION PETITIONERS:

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1. P.V. VINIL KUMAR, AGED 42, S/O. LATE VIJAYAN APSARA RESTAURANT, PULLEPADY JUNCTION CHITTOOR ROAD, COCHIN.

2. P.V. SHINE KUMAR, AGED 36 S/O. LATE VIVJAYAN, APSARA RESTAURANT, PULLEPADY JUNCTION CHITTOOR ROAD, COCHIN.

BY ADVS.SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENTS:

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1. SMT. RAZIYA IQBAL, AGED 52, W/O. LATE IQBAL, ALUGAPARAMBIL HOUSE CHITTOOR ROAD, COCHIN.

2. Dr SUHAIL, AGED 31, S/O. LATE IQBAL ALUGAPARAMBIL HOUSE CHITTOOR ROAD, COCHIN.

3. MRS. SUNAYNA, AGED 27, D/O. LATE IQBAL ALUGAPARAMBIL HOUSE CHITTOOR ROAD, COCHIN.

4. TISHANA, AGED 33, D/O. LATE IQBAL ALUGAPARAMBIL HOUSE CHITTOOR ROAD, COCHIN.

5. P.V. VIJAYAKUMAR, AGED 34 S/O. LATE VIJAYAN APSARA RESTAURANT, PULLEPADY JUNCTION CHITTOOR ROAD, COCHIN.

6. P.V. USHA, AGED 32, D/O. VIJAYAN APSARA RESTAURANT, PULLEPADY JUNCTION CHITTOOR ROAD, COCHIN. (DIED)LRS IMPLEADED

7. P.V. BEENA, AGED 29 D/O. LATE VIJAYAN, APSARA RESTAURANT, PULLEPADY JUNCTION CHITTOOR ROAD, COCHIN.

ADDL. R8 & R9 IMPLEADED ADDL.R8:

SUJITH V.G.,AGED 40, S/O. P.V. USHA, VARVILAKATHA HOUSE PUTHIYAPOST PO.

KODUNBGALLUR, THRISSUR.

ADDL.R9:

SREEJITH V.G. AGED 40 S/O. P.V. USHA, VARVILAKATHA HOUSE PUTHIYAPOST PO.

KODUNBGALLUR, THRISSUR.

ADDL.R8 & R9 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED R6 AS PER ORDER DATED 18.2.2015 IN I.A. NO. 402 OF 2015. R,R1 TO 4 BY ADV. SRI.N.M.MOHAMMED AYUB THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 05-10-2015 ALON WITH R.C.R. NO. 159 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.N. RAVINDRAN & BABU MATHEW P. JOSEPH, JJ.

============================== R.C.R. Nos. 142 & 159 of 2010 ============================== Dated this the 5th day of October, 2015 COMMON ORDER P.N. Ravindran,J.

The petitioners in these revision petitions and respondents 5 to 7 herein are the tenants in R.C.P.No.9 of 2007 on the file of the Rent Control Court, Ernakulam. Respondents 1 to 4 herein are the landlords. The tenants were set ex parte on 24.10.2007 and thereupon an order of eviction was passed on 26.10.2007. The tenants thereafter filed I.A.No.9777 of 2007 to set aside the ex parte order of eviction accompanied by I.A.No.1845 of 2008 to condone the delay of 14 days in filing the former application. Both the applications were dismissed by the Rent Control Court by a common order passed on 17.06.2008. Aggrieved thereby, the petitioners herein filed R.C.A.Nos.89 of 2008 and 92 of 2008 joining besides the landlords, the other tenant as respondents. By judgment delivered on 15.9.2009, the appeals were

RCR 142 & 159/2010 dismissed. Hence, these revision petitions.

The petitioners have filed separate memos dated 29.8.2015 in these revision petitions to the effect that the tenants have surrendered vacant possession of the petition schedule building in R.C.P.No.9 of 2007 on the file of the Rent Control Court, Ernakulam to the landlords and, therefore, the revision petitions may be dismissed as not pressed. Learned counsel appearing for the landlords submitted that they have obtained vacant possession of the petition schedule premises in R.C.P.No.9 of 2007 on the file of the Rent Control Court, Ernakulam. In such circumstances, these revision petitions are dismissed as not pressed in terms of the memos dated 29.8.2015 filed by the petitioners. Copies of the aforesaid memos shall be appended to this order. No costs.

Sd/- P.N. RAVINDRAN JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

True copy P.S. (Hr.Gr.)To Judge

RCR 142 & 159/2010