IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 RCRev..No. 78 of 2009() ----------------------- RCA.5/2006 of ADDL.DISTRICT COURT,KOTTAYAM RCP.2/2005 of J.M.F.C.,VAIKOM .................... REVISION PETITIONER/RESPONDENT/RESPONDENT -------------------- UNNI ALIAS PRADEEPKUMAR, AGED 36, S/O. SASIKUMAR, CONDUCTING TAILORING SHOP IN BUILDING NO.237 IN WARD NO.9 OF THE MULAKULAM PANCHAYATH, KEEZHOOR KARA, KEEZHOOR P.O. MULAKULAM VILLAGE, VAIKOM TALUK. BY ADV. SRI.ABRAHAM P.GEORGE SRI.P.VISWANATHAN RESPONDENT(S)/APPELLANTS/PETITIONERS: --------------- 1. M.M.ALEXANDER, AGED 75, S/O. MATHAI, KIZHAKKE AANAPARAMBIL, KEEZHOOR KARA, KEEZHOOR P.O. MULAKULAM VILLAGE, VAIKOM TALUK. 2. MATHEW, AGED 50, S/O. M.M.ALEXANDER, KIZHAKKE AANAPARAMBIL HOUSE, KEEZHOOR KARA, KEEXHOOR P.O. MULAKULAM VILLAGE, VAIKOM TALUK. ADV. SRI.P.N.RAMAKRISHNAN NAIR FOR R1&2 THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ R.C.R.No. 78 OF 2009 ------------------------ Dated this the 16th day of November, 2009 O R D E R Pius C.Kuriakose, J. It is submitted on behalf of the revision petitioner's counsel Sri.Abraham P.George, that even though this court's order dated 18/9/2009 and 9/11/2009 were intimated to the revision petitioner, there is no response from him. In fact, it was submitted that the learned counsel does not have any instructions from the party. Under the above circumstances, we are of the view that the revision petitioner is not entitled to pursue the RCR. We strike the RCR off from the files on the reason that the revision petitioner has not chosen to pay the rent which fell due in respect of the petition schedule building subsequent to the institution of the Rent Control Petition and did not offer any reason as to why the order of eviction impugned in the RCR should not be confirmed. The RCR is accordingly, struck off from the file. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk