OP (RC) NO. 85 OF 2025 1 2025:KER:29856 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 OP (RC) NO. 85 OF 2025 RCA NO.7 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM ARISING OUT OF THE ORDER DATED 22.12.2023 IN RCP NO.8 OF 2018 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL) PETITIONER/APPELLANT/RESPONDENT : SINAJ AGED 45 YEARS S/O P.M.EASAKHAN, NEW MOBILE WORLD, XL/7751, PADMA JUNCTION, M. G. ROAD, KOCHI, PIN - 682035 BY ADV PRAVEEN K. JOY RESPONDENTS/RESPONDENTS/PETITIONERS : 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 OP (RC) NO. 85 OF 2025 2 2025:KER:29856 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 3 MANOJ KUMAR P D S/O DEVADAS, AGED 45, 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 4 K P SWARNALATHA W/O LATE RAJMOHAN, AGED 70, 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 5 A K BALAKRISHNAN AGED 73, KOCHANIMOOTTIL (H), PADAMUGAL, KAKKANAD, PIN - 682021 6 SUBHA BALAKRISHNAN AGED 66, W/O A K BALAKRISHNAN, KOCHANIMOOTTIL (H), PADAMUGAL, KAKKANAD, PIN - 682021 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (RC) NO. 85 OF 2025 3 2025:KER:29856 J U D G M E N T A.Muhamed Mustaque, J. The petitioner/tenant undertakes to vacate the building by 15.07.2025. This undertaking is recorded. 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. The original petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P.KRISHNA KUMAR JUDGE rkj OP (RC) NO. 85 OF 2025 4 2025:KER:29856 APPENDIX OF OP (RC) 85/2025 PETITIONER EXHIBITS 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 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 Exhibit P13 TRUE COPY OF THE PETITION FILED BEFORE THE EXECUTION COURT IN EP 310/2024 DATED 27.02.2025