IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 RCRev..No. 10 of 2008() ----------------------- RCA.120/2006 of ADDL. DISTRICT COURT/R.C.A.A., THALASSERY RCP.223/2005 of PRL.M.C./R.C.C.,KANNUR .................... REVISION PETITIONER/APPELLANT/RESPONDENT: ---------------------------------------------------------- K.P.M. ASHRAF, S/O.LATE M.P.MOHAMMED, AGED 53 YEARS, BUSINESS, ELDER PHARMACEUTICALS, OPPOSITE SANGEETHA THEATRE, S.N.PARK ROAD, KANNUR-670 001. BY ADV. SRI.C.K.SREEJITH RESPONDENT/ RESPONDENT/PETITIONER: ----------------------------------- K.V. MUHAMMED KUNHI HAJI, S/O.IBRAHIM, AGED 72 YEARS, BUSINESS, CHERUKUNNU AMSOM, DESOM, KANNUR NOW RESIDING AT HAJI BUILDING, FORT ROAD, KANNUR-670 001. BY ADV. SRI.M.P.VIJAYAN THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RCR NO.10/2008 ORDER ON I.A. NOS.66/08 & 232/08 ------------------------------------------------ DISMISSED. 7.3.2008. SD/- K.BALAKRISHNAN NAIR, JUDGE. SD/- P.N.RAVINDRAN, JUDGE. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- R.C.R. NO. 10 OF 2008-D ----------------------------------------- Dated 7th March, 2008. ORDER Balakrishnan Nair, J. While admitting this Rent Control Petition, this Court passed a conditional order on 8.1.2008. The petitioner did not comply with the said condition. Therefore, execution proceedings were proceed with and the building was delivered to the landlord. Again this Court on 28.1.2008 directed the landlord not to demolish the building, pending further hearing of the matter. On 14.2.2008 this Court again gave a chance to the petitioner to pay the arrears of rent, so that this Court can consider whether he could be put back in the tenanted premises again. The petitioner again failed to comply with the conditions imposed by the court, as per the interim order on 14.2.2008. 2. In view of the above developments and also the fact that owing to the petitioner's failure to comply with the interim order, the order of the Rent Controller has been executed, we are of the view that the R.C.R has RCR 10/2008 2 become infructuous. Accordingly, it is closed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/