IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35556 OF 2008(G) RCP.NOS. 37/2008, RCP.46/08 & 47/08 OF MUNSIFF COURT, THALIPARAMBA PETITIONER(S): --------------- MADHAVAN.K., S/O.NARAYANAN NAMBIAR, TRICHAMBAM, TALIPARAMBA. BY ADV. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENT(S): --------------- 1. SHIBU RAJANI BALAN, S/O.PARAYIL BALAN NAIR, RAMAKRIPA, CHIRAKKAL, ALAVIL DESOM, KANNUR DISTRICT. 2. SUBASH RAJANI BALAN, S/O.PARAYIL BALAN NAIR, RAMAKRIPA, CHIRAKKAL, ALAVIL DESOM, KANNUR DISTRICT. 3. SUNITHA RAJANI BALAN, D/O.PARAYIL BALAN NAIR, RAMAKRIPA, CHIRAKKAL, ALAVIL DESOM, KANNUR DISTRICT. 4. NIMMI BALAN NAIR, D/O.PARAYIL BALAN NAIR, RAMAKRIPA, CHIRAKKAL, ALAVIL DESOM, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 35556 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF DECEMBER, 2008. J U D G M E N T Raman, J. Petitioner is the Manager of the business being conducted by one T.K. Khalid, who is the respondent/ tenant in R.C.P. 37/2008, 46/2008 and 47/2008 on the file of the Rent Control Court, Taliparamba, who is stated to have proceeded to Mecca for Hajj pilgrimage. According to the petitioner, he is scheduled to return only during the third week of January, 2009. An application moved for adjournment of the case was, however, turned down by the Rent Control Court. 2. Admittedly, there are about 52 cases tried jointly and only in R.C.P. Nos. 37, 46 and 47/2008 Khalid is the respondent/tenant, respondents in the other cases being other tenants of other buildings. In the circumstances, we direct that the Rent Control Court may proceed to record evidence of all the parties except that of the tenant in R.C.P. Nos. 37, 46 & 47/2008. In case the evidence of all the parties are completed before 30th of January, 2009, then the matter may be adjourned for examination of the respondent/tenant in R.C.P. Nos. 37, 46 & 47/2008 to the first week of WP(C) 35556/2008 :2: February, 2009, to be fixed by the Rent Control Court. However, we make it clear that the counsel appearing for the tenant in R.C.P. Nos. 37/2008,46/2008 and 47/2008 may cross examine the other witnesses examined in the cases and they will not be recalled for such purpose. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-