Sony v. Dorsy

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 RP.No.211 of 2015 IN RCRev.346/2014 ------------------------------------------ AGAINST THE ORDER IN RCRev.346/2014 of HIGH COURT OF KERALA DATED 23-01-2015 REVIEW PETITIONER/PETITIONER/APPELLANT/RESPONDENT: --------------------------------------------------------------------- SONY, AGED 46 YEARS, S/O KURIAPPAN, BUSINESS, AKKARA HOUSE OLLUR DESOM, EDAKUNNI VILLAGE, THRISSUR-680306. BY ADVS.SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) SEI.M.VARGHESE VARGHESE SMT.UMA R.KAMATH SMT.S.SANDHYA SRI.BEPIN PAUL SRI.SHALU VARGHESE RESPONDENT/RESPONDENT/RESPONDENT/PETITIONER:

--------------------------------------------------------------- DORSY, AGED 61 YEARS, W/O KALLIYATH JOSE, KIZHAKKE ANGADI DESOM CHEMBUKAVU VILLAGE, THRISSUR TALUK, PIN:680 001. BY ADV. SMT.P.K.PRIYA THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25-032015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

----------------------------- R.P.No.211 Of 2015 in R.C.R.No.346 of 2014 --------------------------------- Dated this the 25th day of March, 2015.

O R D E R

Antony Dominic, J.

Heard the counsel for the petitioner and learned counsel appearing for the respondent.

2.

The prayer in this Review Petition is to review the order dated 23.1.2015 in R.C.R.No.346/2014 whereby this Court has upheld the orders passed by the Rent Control Appellate Authority, Thrissur, dismissing R.C.A.No.8/2011 filed against the order passed by the Rent Control Court, Thrissur in R.C.P.No.50/2008.

3.

It is now pointed out that on account of a mistake at the time when the Rent Control Revision was disposed of request was not made by the counsel for the petitioner for reasonable time to surrender vacant possession of the building in question. Pointing about the above, the petitioner prays that the aforesaid mistake be corrected and he be given reasonable time as prayed for.

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R.P.No.211 Of 2015 4.

Having considered the submission and also the submission made by the counsel for the respondent, we allow the petitioner time till 31.10.2015 to surrender vacant possession of the tenanted premises to the landlord. This shall however be subject to the condition that within two weeks from today, the petitioner shall file an affidavit before the Execution Court unconditionally undertaking to surrender vacant possession of the building to the landlord and also on their continuing to pay the rent without default. The review petition will stand disposed of as above. ANTONY DOMINIC, Judge.

ALEXANDER THOMAS, Judge.

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