Jayan vs Sasidharan on 23 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36736 of 2009(J)


1. JAYAN, AGED 32,
                      ...  Petitioner

                        Vs



1. SASIDHARAN,
                       ...       Respondent

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.P.SANTHOSH  (PODUVAL)

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :23/12/2009

 O R D E R
           PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
        ------------------------------------------------------------------------------------
                          W.P(C) NO: 36736 OF 2009-J
        -----------------------------------------------------------------------------------
                    Dated this the 23rd December, 2009.

                                        JUDGMENT

PIUS C.KURIAKOSE, J.

In this writ petition under Art.227 the petitioner-tenant who

was the fifth appellant in the Rent Control Appeal before the

Appellate Authority seeks the following reliefs:-

“Issue appropriate directions commanding the

Execution Court to defer delivery on the basis of

Ext.P2 and provide reasonable time to the petitioner

to vacate the premises in the interest of justice.”

2. Today when the case came up for hearing it was submitted

by Mr. G.Sreekumar that it has been agreed between the parties

that the petitioner can be granted time till 31.3.2010 to vacate the

premises provided the writ petitioner and if available the other

appellants in the RCA file affidavits before the Execution Court on

or before 6.4.2010 stating that they will peacefully surrender the

building on or before 31.3.2010. Under the above circumstances

we dispose of the writ petition issuing the following directions:-

The Execution Court, namely the Principal Munsiff’s Court,

Thrissur is directed to adjourn E.P. 830/2008 in RCP 143/96 to

WPC 36736/2009 2

1.4.2010 provided an affidavit is filed by the writ petitioner on his

own behalf as well as on behalf of other appellants in RCA

108/2000 on the file of the Rent Control Appellate Authority,

Thrissur undertaking to surrender the building to the petitioner in

the E.P on or before 31.3.2010. We also record the submission of

Mr. Sreekumar G. Chelur that if the other appellants in RCA

108/2000 are available they will also be filing similar affidavits.

PIUS C.KURIAKOSE
Judge

K. SURENDRA MOHAN
Judge

jj

PIUS C.KURIAKOSE &
K.SURENDRA MOHAN, JJ.

—————————————

L.A.A.NO:

—————————————

JUDGMENT

Dated: